Zschernig v. Miller

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Zschernig v. Miller
Seal of the United States Supreme Court.svg
Argued November 7, 1967
Decided January 15, 1968
Full case nameZschernig v. Miller
Citations389 U.S. 429 ( more )
88 S. Ct. 664; 19 L. Ed. 2d 683; 1968 U.S. LEXIS 2714
Case history
Prior243 Or. 567; 412 P.2d 781; 415 P.2d 15 (1966); probable jurisdiction noted, 386 U.S. 1030(1967).
Holding
A state statute allowing an alien to inherit only if his domestic law satisfies one of the specified conditions is unconstitutional because it intrudes into the federal realm of foreign affairs.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black  · William O. Douglas
John M. Harlan II  · William J. Brennan Jr.
Potter Stewart  · Byron White
Abe Fortas  · Thurgood Marshall
Case opinions
MajorityDouglas, joined by Warren, Black, Brennan, Stewart, Fortas
ConcurrenceStewart, joined by Brennan
ConcurrenceHarlan (in judgment)
DissentWhite
Marshall took no part in the consideration or decision of the case.

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. [1] [2]

Supreme Court of the United States Highest court in the United States

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all federal and state court cases that involve a point of federal law, and original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the U.S. Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The Court may decide cases having political overtones, but it has ruled that it does not have power to decide non-justiciable political questions.

Contents

Introduction

An Oregon resident died and their only heirs were residents of East Germany. When the heirs tried to claim their inheritance, the Stand Land Board attempted to escheat the funds because East Germany would not allow the inheritance if the countries involved were reversed.

East Germany Former communist state, 1949-1990

East Germany, officially the German Democratic Republic, was a state that existed from 1949 to 1990, when the eastern portion of Germany was part of the Eastern Bloc during the Cold War. Commonly described as a communist state in English usage, it described itself as a socialist "workers' and peasants' state." It consisted of territory that was administered and occupied by Soviet forces at the end of World War II — the Soviet occupation zone of the Potsdam Agreement, bounded on the east by the Oder–Neisse line. The Soviet zone surrounded West Berlin but did not include it; as a result, West Berlin remained outside the jurisdiction of the GDR.

The Department of State Lands (DSL), one of the oldest agencies of government of the U.S. state of Oregon, is principally responsible for the management of lands under state ownership, as its name implies. Unlike most other department-level state agencies, it is not headed by a sole elected official, but is the administrative arm of the Oregon State Land Board. Although established by the Constitution, subsequent statutes have added to its duties and authority, and include some provisions relating to its conduct. In addition to managing state-owned lands, the Board through the Department is responsible for the Common School Fund, off-shore lands and coastal estuarine tidelands, submerged and submersible lands of the navigable waterways, unclaimed property, estates with no heirs, and additional functions assigned by the Oregon Legislative Assembly from time to time. The Board decides cases, adopts rules, issues policy statements, and approves DSL recommendations.

Escheat is a common law doctrine that transfers the real property of a person who has died without heirs to the Crown or state. It serves to ensure that property is not left in "limbo" without recognized ownership. It originally applied to a number of situations where a legal interest in land was destroyed by operation of law, so that the ownership of the land reverted to the immediately superior feudal lord.

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.

Decision

The court found the law unconstitutional because of "intrusion by the State into the field of foreign affairs which the Constitution entrusts to the President and the Congress." [3] The Supreme Court applied Zschernig in American Insurance Association v. Garamendi , a 2003 case, although they relied more on Justice Harlan's concurring opinion in Zschernig than on the majority's reasoning.

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References

  1. Zschernig v. Miller, 389 U.S. 429 (1968). PD-icon.svg This article incorporates public domain material from this U.S government document.
  2. 10 U.S. Op. Off. Legal Counsel 49, 61-62 (1986)
  3. Zschernig, 389 U.S. at 432.
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