Zschernig v. Miller

Infobox SCOTUS case
Litigants=Zschernig v. Miller
ArgueDate=November 7
ArgueYear=1967
DecideDate=January 15
DecideYear=1968
FullName=Zschernig v. Miller
USVol=389
USPage=429
Citation=88 S. Ct. 664; 19 L. Ed. 2d 683; 1968 U.S. LEXIS 2714
Prior=
Subsequent=
Holding=
SCOTUS=1967-1969
Majority=Douglas
JoinMajority=
Concurrence=Stewart
JoinConcurrence=Brennan
Concurrence2=Harlan
Dissent=White
NotParticipating=Marshall
LawsApplied=

"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. [10 U.S. Op. Off. Legal Counsel 49, 61-62 (1986)]

Introduction

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.

Effects of the decision

The Supreme Court seemed to apply Zschernig as good law in "American Insurance Association v. Garamendi", a 2003 case, although they seemed to rely more on Justice Harlan's minority opinion in "Zschernig" than on the majority opinion.

References