Kleppe v. New Mexico
Encyclopedia
Kleppe v. New Mexico, 426 U.S. 529
(1976), was a United States Supreme Court decision, which unanimously held that the Wild and Free-Roaming Horses and Burros Act of 1971
, passed in 1971 by the United States Congress
to protect these animals from “capture, branding, harassment, or death,” was a constitutional exercise of congressional power. The New Mexico Livestock Board
claimed the federal government did not have the power to control these animals unless they were items in interstate commerce or causing damage to the public lands. In February 1974, the board rounded up and sold 19 unbranded burro
s from Bureau of Land Management
(BLM) land. When the BLM demanded the animals’ return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional.
Although the lower court found for the state, the Supreme Court unanimously reversed this decision. It wrote that the “‘complete power’ that Congress has over public lands necessarily includes the power to regulate and protect the wildlife living there.” In addition, the Supreme Court said that Congress may enact legislation governing federal lands pursuant to the property clause and “when Congress so acts, federal legislation necessarily overrides conflicting state laws under the supremacy clause.”
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1976), was a United States Supreme Court decision, which unanimously held that the Wild and Free-Roaming Horses and Burros Act of 1971
Wild and Free-Roaming Horses and Burros Act of 1971
The Wild and Free-Roaming Horses and Burros Act of 1971 , is an Act of Congress , signed into law President Richard M. Nixon on December 18, 1971...
, passed in 1971 by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to protect these animals from “capture, branding, harassment, or death,” was a constitutional exercise of congressional power. The New Mexico Livestock Board
New Mexico Livestock Board
The New Mexico Livestock Board regulates livestock health and livestock identification in New Mexico, in the United States. It was created in 1967 by the merger of the New Mexico Cattle Sanitary Board and the New Mexico Sheep Sanitary Board...
claimed the federal government did not have the power to control these animals unless they were items in interstate commerce or causing damage to the public lands. In February 1974, the board rounded up and sold 19 unbranded burro
Burro
The burro is a small donkey used primarily as a pack animal. In addition, significant numbers of feral burros live in the Southwestern United States, where they are protected by law, and in Mexico...
s from Bureau of Land Management
Bureau of Land Management
The Bureau of Land Management is an agency within the United States Department of the Interior which administers America's public lands, totaling approximately , or one-eighth of the landmass of the country. The BLM also manages of subsurface mineral estate underlying federal, state and private...
(BLM) land. When the BLM demanded the animals’ return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional.
Although the lower court found for the state, the Supreme Court unanimously reversed this decision. It wrote that the “‘complete power’ that Congress has over public lands necessarily includes the power to regulate and protect the wildlife living there.” In addition, the Supreme Court said that Congress may enact legislation governing federal lands pursuant to the property clause and “when Congress so acts, federal legislation necessarily overrides conflicting state laws under the supremacy clause.”