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Under the statute, property that has outlived its usefulness to the Government is declared "surplus" and may be transferred to private or other public entities.
The Act authorizes the Secretary of Health, Education, and Welfare HEW now the Secretary of Education to assume responsibility for disposing of surplus real property for educational use, and he may sell such property to nonprofit, tax-exempt educational institutions for consideration that takes into account any benefit which has accrued or may accrue to the United States from the transferee's use of the property.
Property formerly used as a military hospital was declared to be "surplus property" business plan writing 101 syllabus the Act and was conveyed by the Department of HEW to petitioner church-related college.
Respondents, an organization dedicated to the separation of church and State and several of its employees, brought suit in Federal District Court, challenging the conveyance on the ground that it violated the Establishment Clause of the First Amendment, and alleging that each member of respondent organization "would be deprived of the fair and constitutional use of his her tax dollars.
Respondents do not have standing, either in their capacity as taxpayers or as citizens, to challenge the conveyance in question. III is restricted to litigants who can show "injury in fact" resulting from the action that they seek to have the court adjudicate.
Although they claim that the Constitution has been violated, they claim nothing else. They fail to identify any personal injury suffered as a consequence of the alleged constitutional error, other than the psychological consequence presumably produced by observation of conduct with which one disagrees.
That is not injury sufficient to confer standing under Art. While respondents are firmly committed to the constitutional principle of separation of church and State, standing is not measured by the intensity of the litigant's interest or the fervor of his advocacy.
There is no place in our constitutional scheme for the philosophy that the business of the federal courts is correcting constitutional errors, and that "cases and controversies" are at best merely convenient vehicles for doing so, and, at worst, nuisances that may be dispensed with when they become obstacles to that transcendent endeavor.
And such philosophy does not become more palatable when the underlying merits concern the Establishment Clause. Property belonging to the United States. The Act was designed, in part, to provide "an economical and efficient system for.
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 generally 63 Stat. The Act authorizes the Secretary of Health, Education, and Welfare now the Secretary of Education [ Footnote 3 ] to assume responsibility for disposing of surplus real property "for school, classroom, or other educational use.
Subject to the disapproval of the Administrator of General Services, the Secretary may sell or lease the property to nonprofit, tax-exempt educational institutions for consideration that takes into account "any benefit which has accrued or may accrue to the United States" from the transferee's use of the property.
The Army built on that land the Valley Forge General Hospital, and for 30 years thereafter, that hospital provided medical care for members of the Armed Forces.
In April,as part of a plan to reduce the number of military Page U. The deed from HEW conveyed the land in fee simple with certain conditions subsequent, which required petitioner to use the property for 30 years solely for the educational purposes described in petitioner's application.
In that description, petitioner stated its intention to conduct "a program of education. By its own description, petitioner's purpose is "to offer systematic training on the collegiate level to men and women for Christian service as either ministers or laymen.
Its degree programs reflect this orientation by providing courses of study "to train leaders for church related ministries. Faculty members Page U. In its application for the acre tract, petitioner represented that, if it obtained the property, it would make "additions to its offerings in the arts and humanities," and would strengthen its "psychology" and "counseling" courses to provide services in inner-city areas.
Americans Unitedand four of its employees, learned of the conveyance through a news release. Two months later, they brought suit in the United States District Court for the District of Columbia, later transferred to the Eastern District of Pennsylvania, to challenge the conveyance on the ground that it violated the Establishment Clause of the First Amendment.
In its amended complaint, Americans United described itself as a nonprofit organization composed of 90, "taxpayer members. Respondents sought a declaration that the conveyance was null and void, and an order compelling petitioner to transfer the property back to the United States.
On petitioner's motion, the District Court granted summary judgment and dismissed the complaint. The court found that respondents lacked standing to sue as taxpayers under Flast v. All members of the court agreed that respondents lacked standing as taxpayers to challenge the conveyance under Flast v.
Cohen, supra, since that case extended standing to taxpayers qua taxpayers only to challenge congressional exercises of the power to tax and spend conferred by Art. In the majority's view, this "citizen standing" was sufficient to satisfy the "case or controversy" requirement of Art.
One judge, perhaps sensing the doctrinal difficulties with the majority's extension of standing, wrote separately, expressing his view that standing was necessary to satisfy "the need for an available plaintiff," without whom "the Establishment Clause would be rendered virtually unenforceable" by the judiciary.
The dissenting judge expressed the view that respondents' allegations constituted a "generalized grievance. He therefore concluded that their standing to contest the transfer was barred by this Court's decisions in Schlesinger v.
Reservists Committee to Stop the War, U. Because of the unusually broad and novel view of standing to litigate a substantive question in the federal courts adopted by the Court of Appeals, we granted certiorari, U. Commissioners of Emigration, U. The requirements of Art. III are not satisfied merely because a party requests a court of the United States to declare its legal rights, and has couched that request for forms of relief historically associated with courts of law in terms that have a familiar ring to those trained in the legal process.
The judicial power of the United States defined by Art. III is not an unconditioned authority to determine the constitutionality of legislative or executive acts.The Purdue Writing Lab Purdue University students, faculty, and staff at our West Lafayette, IN campus may access this area for information on the award-winning Purdue Writing Lab.
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