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Constitutional Law Keyed to Choper
James v. Valtierra
Citation:
402 U.S. 137 (1971)Facts
In response to the United States Housing Act of 1937, which established federal financing for slum clearance and low-rent housing projects, the California Legislature created public housing authorities to take advantage of this financing. Initially, the California Supreme Court held that local authorities’ decisions on seeking federal aid for public housing projects were “executive” and “administrative,” not “legislative,” and therefore not subject to the state’s referendum provisions. In response, California voters adopted Article XXXIV of the state constitution, which required that no low-rent housing project could be developed, constructed, or acquired by any state public body until approved by a majority of voters in the affected community. The plaintiffs, citizens eligible for low-cost public housing in communities where such proposals had been defeated in referendums, challenged Article XXXIV as violating the Supremacy Clause, the Privileges and Immunities Clause, and the Equal Protection Clause of the U.S. Constitution.
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