United States v. Carmack

United States v. Carmack
Argued October 18, 1946
Decided December 9, 1946
Full case nameUnited States v. Carmack
Citations329 U.S. 230 (more)
67 S. Ct. 252; 91 L. Ed. 209; 1946 U.S. LEXIS 2996
Case history
PriorOn appeal from the Circuit Court of Appeals for the Eighth Circuit, 151 F.2d 881 (8th Cir. 1945).
Holding
The Supremacy Clause of the U.S. Constitution makes federal powers of eminent domain supreme, and the Condemnation Act of 1888 and Public Buildings Act of 1926 authorize the federal government to exercise eminent domain over state- and locally-owned land and/or buildings.
Court membership
Chief Justice
Fred M. Vinson
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Frank Murphy · Robert H. Jackson
Wiley B. Rutledge · Harold H. Burton
Case opinions
MajorityBurton, joined by Vinson, Black, Reed, Frankfurter, Murphy, Jackson, Rutledge
ConcurrenceDouglas
Laws applied
Condemnation Act of August 1, 1888; Public Buildings Act of 1926

United States v. Carmack, 329 U.S. 230 (1946), was a unanimous decision of the Supreme Court of the United States which held that the United States federal government was empowered by Condemnation Act of August 1, 1888; the Public Buildings Act of 1926; and the United States Constitution to exercise its right of eminent domain over land containing buildings owned by a state or local government.[1]

  1. ^ Dimitrakopoulos, Dionyssis G. Individual Rights and Liberties Under the U.S. Constitution: The Case Law of the U.S. Supreme Court. Boston: M. Nijhoff, 2007, p. 820.