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Constitutional Law Keyed to Levinson
Missouri v. Holland
Citation:
252 U.S. 416 (1920)Facts
The State of Missouri (Petitioner) filed suit to prevent a game warden of the United States from attempting to enforce the Migratory Bird Treaty Act of July 3, 1918 and the regulations made by the Secretary of Agriculture in pursuance of the statute. The Act sought to prohibit the killing, capturing, or selling any of the migratory birds included in the terms of the treaty except as permitted by regulations compatible with those terms. Missouri complained that the statute is unconstitutional interference with the rights reserved to the States under the Tenth Amendment. The suit further argued that the acts of the defendant done and threatened under the authority of the statute invaded the sovereign right of the State and contravene its will manifested its statutes. The State also alleged a pecuniary interest, as owner of the wild birds within its border, which it argued was under its full authority.
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Topic Resources
Topic Outline
State Power (Federalism)Topic Refresher Course
State Action Limitation