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Pursuant to a parallel clause in Article One, Section Eight, the Supreme Court has held that states may not tax such federal property. In another case, Kleppe v. New Mexico , the Court ruled that the federal Wild Horse and Burro Act was a constitutional exercise of congressional power under the Property Clause – at least insofar as it was ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
The Property Clause is applicable only to lands possessed at the time of the Constitution's ratification (1787). As such, Congress cannot ban slavery in the territories. The Missouri Compromise is unconstitutional. The Due Process Clause of the Fifth Amendment prohibits the federal government from freeing slaves brought into federal territories.
The "Takings Clause", the last clause of the Fifth Amendment, limits the power of eminent domain by requiring "just compensation" be paid if private property is taken for public use. It was the only clause in the Bill of Rights drafted solely by James Madison and not previously recommended to him by other constitutional delegates or a state ...
The mortgagee clause is a provision that protects the lender from financial loss if the mortgaged property is substantially damaged or destroyed. ... A mortgagee clause protects your lender if the ...
Case history; Prior: New Mexico v. Morton, 406 F. Supp. 1237 (D.N.M. 1975): Holding; The Wild and Free-Roaming Horses and Burros Act of 1971 was a constitutional exercise of congressional power under the property clause at least insofar as it was applied to prohibit the New Mexico Livestock Board from entering upon the public lands of the United States and removing wild burros under the New ...
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