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Constitutional Law Keyed to Choper
Salazar v. Buono
Citation:
559 U.S. 700 (2010)Facts
In 1934, members of the Veterans of Foreign Wars erected a Latin cross on Sunrise Rock, a granite outcropping in the Mojave National Preserve, to honor American soldiers who died in World War I. The cross was replaced several times over the years, most recently in 1998. The Mojave National Preserve spans approximately 1.6 million acres in southeastern California, with over 90% of the land federally owned. In 2000, Frank Buono, a retired Park Service employee who regularly visited the Preserve, filed suit claiming the cross’s presence on federal land violated the Establishment Clause. While litigation was pending, Congress designated the cross as a national memorial commemorating U.S. participation in World War I and prohibited the use of federal funds to remove it. After courts found the cross’s display unconstitutional and issued an injunction, Congress passed a statute directing the Secretary of the Interior to transfer the land containing the cross to the VFW in exchange for privately owned land elsewhere in the preserve, with the condition that the land would revert to the government if not maintained as a war memorial.
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