Commandeering

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Commandeering is an act of appropriation by the military or police whereby they take possession of the property of a member of the public.

In United States law, it also refers to federal government actions which would force a state government to take some action that it otherwise would not take. [1] The US Supreme Court has held that commandeering violates the separation of powers principles designed to prevent either the state or federal government from becoming too powerful.[2][3] Writing for the majority in 1997, Justice Scalia said, "[t]he Federal Government may neither issue directives requiring the States to address particular problems, nor command the States' officers, or those of their political subdivisions, to administer or enforce a federal regulatory program." [4]

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References[edit]

  1. ^ Conant v. Walters, 309 F.3d 629 (9th Cir. October 29, 2002).
  2. ^ New York v. United States, 505 U.S. 144 (1992).
  3. ^ Printz v. United States, 521 U.S. 898 (1997).
  4. ^ Printz v. United States, 521 U.S. 898, 935 (1997).

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