Andrus v. Allard | |
---|---|
Decided November 27, 1979 | |
Full case name | Andrus v. Allard |
Citations | 444 U.S. 51 ( more ) |
Holding | |
A ban on the sale of a commodity already in a commercial inventory is not a taking when there is no requirement to surrender the commodity to the government. | |
Court membership | |
| |
Case opinion | |
Majority | Brennan, joined by unanimous |
Laws applied | |
Takings Clause, Eagle Protection Act |
Andrus v. Allard, 444 U.S. 51 (1979), was a United States Supreme Court case in which the Court held that a ban on the sale of a commodity already in a commercial inventory is not a taking when there is no requirement to surrender the commodity to the government. [1] [2]
In United States constitutional law, a regulatory taking occurs when the government does not take physical possession of private property, but regulates the owner's right to use, develop, or exclude to such a degree that the government is deemed to have "taken" it. Under the Fifth Amendment to the United States Constitution governments are required to pay just compensation for such takings. The amendment is incorporated to the states via the Due Process Clause of the Fourteenth Amendment.
The Federal Marriage Amendment (FMA), also referred to by proponents as the Marriage Protection Amendment, was a proposed amendment to the United States Constitution that would legally define marriage as a union of one man and one woman. The FMA would also prevent judicial extension of marriage rights to same-sex couples.
Gale Ann Norton is an American politician and attorney who served as the 48th United States Secretary of the Interior under President George W. Bush from 2001 to 2006. A member of the Republican Party, she previously served as the 35th Attorney General of Colorado from 1991 to 1999. Norton was the first woman to hold each of those posts.
Lucille Elsa Roybal-Allard is an American politician who served as a U.S. representative from California from 1993 to 2023. A member of the Democratic Party, she first entered Congress in 1993. Her district, numbered as the 33rd until 2003, the 34th from 2003 to 2013, and the 40th from 2013 to 2023, included much of southern Los Angeles, as well as several eastern suburbs, such as Downey, Bell and Bell Gardens. On December 20, 2021, Roybal-Allard announced her retirement at the end of the 117th Congress.
Cecil Dale Andrus was an American politician who served as 26th and 28th governor of Idaho, for a total of fourteen years. A Democrat, he also served as U.S. Secretary of the Interior from 1977 to 1981 during the Carter Administration. Andrus lost his first gubernatorial election in 1966 but won four and his fourteen years as governor is the most in state history.
United States v. Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce. In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional" under a deferential standard of review known as the "rational basis test".
Ross Andru was an American comics artist and editor whose career in comics spanned six decades. He is best known for his work on The Amazing Spider-Man, Wonder Woman, The Flash, and The Metal Men, and for having co-created the character called The Punisher.
Goldwater v. Carter, 444 U.S. 996 (1979), was a United States Supreme Court case in which the Court dismissed a lawsuit filed by Senator Barry Goldwater and other members of the United States Congress challenging the right of President Jimmy Carter to unilaterally nullify the Sino-American Mutual Defense Treaty, which the United States had signed with the Republic of China, so that relations could instead be established with the People's Republic of China.
Andrus Veerpalu is a retired Estonian cross-country skier. He is Estonia's most successful Winter Olympian, having won the gold medal in men's 15 km classical in 2002 and 2006, and silver in men's 50 km classical in 2002.
Commodity Futures Trading Commission v. Schor, 478 U.S. 833 (1986), was a case in which the Supreme Court of the United States held an administrative agency may, in some cases, exert jurisdiction over state-law counterclaims.
Lovell v. City of Griffin, 303 U.S. 444 (1938), is a United States Supreme Court case. This case was remarkable in its discussion of the requirement of persons to seek government sanction to distribute religious material. In this particular case, the Supreme Court ruled it was not constitutional for a city to require such sanction.
Keystone Bituminous Coal Ass'n v. DeBenedictis, 480 U.S. 470 (1987), is a United States Supreme Court case interpreting the Fifth Amendment's Takings Clause. In this case, the court upheld a Pennsylvania statute which limited coal mining causing damage to buildings, dwellings, and cemeteries through subsidence.
The Grain Futures Act is a United States federal law enacted September 21, 1922 involving the regulation of trading in certain commodity futures, and causing the establishment of the Grain Futures Administration, a predecessor organization to the Commodity Futures Trading Commission.
The 1934 U.S. National Championships was a tennis tournament that took place on the outdoor grass courts at the West Side Tennis Club, Forest Hills in New York City, United States. The tournament ran from September 1 until September 12. It was the 54th staging of the U.S. National Championships and the fourth Grand Slam tennis event of the year. The men's and women's doubles events were held in Longwood Cricket Club in Chestnut Hill, Massachusetts.
Vance v. Terrazas, 444 U.S. 252 (1980), was a United States Supreme Court decision that established that a United States citizen cannot have their citizenship taken away unless they have acted with an intent to give up that citizenship. The Supreme Court overturned portions of an act of Congress which had listed various actions and had said that the performance of any of these actions could be taken as conclusive, irrebuttable proof of intent to give up U.S. citizenship. However, the Court ruled that a person's intent to give up citizenship could be established through a standard of preponderance of evidence — rejecting an argument that intent to relinquish citizenship could only be found on the basis of clear, convincing and unequivocal evidence.
Goldblatt v. Hempstead, 369 U.S. 590 (1962), was a United States Supreme Court case concerning whether a town ordinance regulating a use of a property was unconstitutional under the Fourteenth Amendment, finding the law in question was constitutional as an exercise of the town's police powers.
United States v. Andrus, 483 F.3d 711, decided on April 25, 2007, was a case heard in the Tenth Circuit of the United States Court of Appeals. The court held that defendant's father had the apparent authority to consent to search of defendant's computer.
Besser Manufacturing Co. v. United States, 343 U.S. 444 (1951), is a 1951 patent–antitrust decision of the United States Supreme Court in which the Court upheld a ruling that the dominant U.S. manufacturer of concrete block–making machines violated the antitrust laws when it acquired its two principal competitors, bought important patents, made bad–faith threats of patent infringement suits, and entered into patent licensing agreements in which the parties were given veto powers over any prospective additional licensees. The Supreme Court approved the district court's grant of compulsory, reasonable–royalty licensing of the patents and compulsory sales of patented machines, holding that such relief "is a well–recognized remedy where patent abuses are proved in antitrust actions, and it is required for effective relief."
The 1970 Idaho gubernatorial election took place on November 3 to elect the governor of Idaho, concurrently with other scheduled governor races, as well as Idaho's two congress members in the House of Representatives and a number of statewide offices. Incumbent Republican governor Don Samuelson sought re-election to a second consecutive term as governor. Although he faced a primary challenger, former state senator Dick Smith, he received more than 58 percent of the primary vote, and thus secured the party's re-nomination.
Nicholas W. Allard is an American attorney and founding Dean of the Jacksonville University College of Law.