| Kleppe v. New Mexico | |
|---|---|
 | |
| Argued March 23, 1976 Decided June 17, 1976 | |
| Full case name | Thomas S. Kleppe, Secretary of the Interior v. New Mexico, et al. |
| Citations | 426 U.S. 529 (more) 96 S. Ct. 2285; 49 L. Ed. 2d 34 |
| Case history | |
| Prior | New Mexico v. Morton, 406 F. Supp. 1237 (D.N.M. 1975) |
| Holding | |
| The Wild and Free-Roaming Horses and Burros Act of 1971 was a constitutional exercise of congressional power under the property clause at least insofar as it was applied to prohibit the New Mexico Livestock Board from entering upon the public lands of the United States and removing wild burros under the New Mexico Estray Law. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Marshall, joined by unanimous |
| Laws applied | |
| U.S. Const. art. IV, § 3, cl. 2; 16 U.S.C. § 1331, et seq. | |
Kleppe v. New Mexico, 426 U.S. 529 (1976), was a United States Supreme Court decision that unanimously held the Wild and Free-Roaming Horses and Burros Act of 1971, passed in 1971 by the United States Congress to protect these animals from "capture, branding, harassment, or death", to be a constitutional exercise of congressional power. In February 1974, the New Mexico Livestock Board rounded up and sold 19 unbranded burros from Bureau of Land Management (BLM) land. When the BLM demanded the animals' return, the state filed suit claiming that the Wild Free-Roaming Horses and Burros Act was unconstitutional, claiming the federal government did not have the power to control animals in federal lands unless they were items in interstate commerce or causing damage to the public lands.