Zschernig v. Miller
Encyclopedia
Zschernig v. Miller, 389 U.S. 429
(1968), was a case in which the Supreme Court of the United States
invalidated an Oregon statute for unconstitutionally intruding into the federal realm of foreign affairs even though the statute did not conflict with any federal treaty or statute.
, a 2003 case, although they seemed to rely more on Justice Harlan's
minority opinion in Zschernig than on the majority opinion.
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...
(1968), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
invalidated an Oregon statute for unconstitutionally intruding into the federal realm of foreign affairs even though the statute did not conflict with any federal treaty or statute.
Facts of the case
The Oregon law at issue in the case provided that a nonresident alien could not inherit property from an Oregon decedent unless: 1) the alien's government granted Americans the right to inherit on the same terms as its own citizens, 2) the alien's government gave Americans the right to receive payment in the U.S. from foreign funds, and 3) the alien was able to receive "the benefit, use or control" of the Oregon bequest "without confiscation" by the alien's government.Effects of the decision
The Supreme Court seemed to apply Zschernig as good law in American Insurance Association v. GaramendiAmerican Insurance Association v. Garamendi
American Insurance Association v. Garamendi, 539 U.S. 396 , was a case in which the Supreme Court of the United States invalidated a California law that required any insurance company wishing to do business in the state to publish information regarding insurance policies held by persons in Europe...
, a 2003 case, although they seemed to rely more on Justice Harlan's
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
minority opinion in Zschernig than on the majority opinion.