Valley Forge Christian College v. Americans United for Separation of Church and State, Inc., et al. (454 U.S. 464)
U.S. Supreme Court · decided January 12, 1982 · Supreme Court Database (Spaeth)
- Citation
- 454 U.S. 464 · 102 S. Ct. 752
- Decided
- January 12, 1982
- Term
- October Term 1981
- Vote
- 5–4
- Majority author
- Justice Rehnquist
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice Rehnquist delivered the opinion of the Court. I Article IV, § 3, cl. 2, of the Constitution vests Congress with the “Power to dispose of and make all needful Rules and Regulations respecting the . . . Property belonging to the United States.” Shortly after the termination of hostilities in the Second World War, Congress enacted the Federal Property and Administrative Services Act of 1949, 63 Stat. 377, as amended, 40 U. S. C. § 471 et seq. (1976 ed. and Supp. III). The Act was designed, in part, to provide “an economical and efficient system for . . . the disposal of surplus property.” 63 Stat. 378, 40 U. S. C. §471. In furtherance of this policy, federal agencies are directed to maintain adequate inventories of the property under their control and to identify excess property for transfer to other agencies able to use it. See 63 Stat. 384, 40 U. S. C. §§ 483(b), (c). Property that has outlived its usefulness to the Federal Government is declared “surplus” and may be transferred to private or other public entities. See generally 63 Stat. 385, as amended, 40 U. S. C. §484. The Act authorizes the Secretary of Health, Education, and Welfare (now the Secretary of Education) to assume responsibility for disposing of surplus real property “for school, classroom, or other educational use.” 63 Stat. 387, as amended, 40 U. S. C. §484(k)(l). Subject to the disapproval of the…
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