The perceived abuse of English criminal venue law was one of the enumerated grievances in the United States Declaration of Independence, which accused George III of the United Kingdom of "transporting us beyond Seas to be tried for pretended offenses.
"[4] Thus, venue may be constitutionally permissible even if an individual defendant was never personally present in the relevant state.
Unlike judicial districts under the Vicinage Clause, consistent with Article III, Congress may "provide a place of trial where none was provided when the offense was committed, or change the place of trial after the commission of the offense.
Venue under American law is a concept distinct from jurisdiction, which focuses on the authority of a court to hear a particular case.
However, unlike personal jurisdiction, there is no constitutional requirement for proper venue in order to have a valid judgment.
Forum selection clauses, establishing venue convenient to the offeror, are near universal in form contracts offered by a party that does business in many places.
This is one of the waivable defenses, meaning that this must be made in the initial response to the complaint or it will be waived.