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New Mexico v. Morton

Citation: 6 ELR 20509
No. No. 74-127, 406 F. Supp. 1237/(D.N.M., 02/28/1975)

A three-judge district court holds the Wild Free-Roaming Horses and Burros Act, 16 U.S.C. §§1331-40, unconstitutional as beyond the limits of a federal power. It cannot be sustained under either the Territorial Clause or the Commerce Clause. Under the common law, sovereign ownership of wild animals lay in the state in trust for the people....

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