United States v. Oregon
Opinion of the Court
delivered the opinion of the Court.
Adam Warpouske, an Oregon resident, died in a United States Veterans’ Administration Hospital in Oregon without a will or legal heirs, leaving a net estate composed of personal property worth about $13,000. Oregon law pro
Recognizing that the federal statute, if applicable and valid, would make the claim of the United States paramount, the State attacked the Government’s reliance upon that statute on two grounds: first, it urged that the federal statute did not apply to this case on the theory that its provisions depended upon the Government’s having made a valid contract with the veteran prior to his death and that Warpouske had made no such contract because he had been mentally incompetent to do so when he entered the hospital and at all times thereafter up to his death; and, secondly, it urged that the federal statute, even if applicable, was invalid because it pertains to the devolution of property, a matter contended to have been wholly reserved to the States by the Tenth Amendment.
After hearings, the probate court found as a fact that Warpouske had been unable to enter into a valid contract with the Government because of his mental
Since we accept the findings of the two state courts that Warpouske could not and did not enter into a contract to leave his property to the United States, the crucial question is whether the Government can prevail in the absence of such a contract. We hold that it can on the grounds that the federal statute relied upon does not require a contract and that this statute does not violate the Tenth Amendment.
The controlling provision was passed in 1941 as an amendment to the Sundry Appropriations Act of 1910.
The 1910 Act was greatly amplified, however, by the amendments adopted in 1941
This natural construction we give to § 1 makes it fit well in the pattern of legislation dealing with this subject. The solicitude of Congress for veterans is of long standing.
Having concluded that the provisions of § 1 are clear and unequivocal on their face, we find no need to resort to the legislative history of the Act.
We see no merit in the challenge to the constitutionality of § 1 as construed in this natural manner. Congress undoubtedly has the power — under its constitutional powers to raise armies and navies and to conduct wars— to pay pensions, and to build hospitals and homes for veterans. We think it plain that the same sources of
The judgment of the Oregon Supreme Court is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed.
Ore. Rev. Stat., § 120.010, provides: “Immediately upon the death of any person who dies intestate without heirs, leaving any real, personal or mixed property, interest or estate in this state, the same escheats to and vests in the state, subject only to the claims of the creditors and as provided in ORS 120.060 to 120.130; and the clear proceeds derived therefrom shall be paid into and become a part of the Common School Fund of this state and be loaned or invested by the State Land Board, as provided by law.”
38 U. S. C. (1952 ed.) § 17.
The conflict alleged is with the decisions in Skriziszouski Estate, 382 Pa. 634, 116 A. 2d 841; and In re Gonsky’s Estate, 79 N. D. 123, 55 N. W. 2d 60.
364 U. S. 877.
36 Stat. 703, 736
“In passing the Act of June, 1910, Congress merely directed the terms and conditions under which veterans, consistently with state law, can obtain admittance to Homes built, maintained and operated by the government for the benefit of veterans. Homes for the aged, needy, or infirm, in return for the benefits bestowed by them, generally receive some benefit from any property or estates of their members.” United States v. Stevens, 302 U. S. 623, 627.
55 Stat. 868, 38 U. S. C. (1952 ed.) § 17 et seq.
38 U. S. C. (1952 ed.) § 17.
38 U. S. C. (1952 ed.) § 17a.
These fears doubtless arose, in part at least, from the fact that the Circuit Court of Appeals had, in the Stevens case, supra, declared even the milder provisions of the 1910 Act unconstitutional under the Tenth Amendment, Stevens v. United States, 89 F. 2d 151, a holding ultimately reversed by this Court.
See the Brief History of Legislation Pertaining to Veterans’ Benefits, 38 U. S. C. A. 1.
87 Cong. Rec. 5203-5204.
Cf. United States v. Bowen, 100 U. S. 508, 513-514; National Home v. Wood, 299 U. S. 211, 216.
87 Cong. Rec. 5203.
See H. R. Rep. No. 609, 77th Cong., 1st Sess., pp. 1-2.
See, e, g., Kolovrat v. Oregon, ante, p. 187, This was also implicit in the holding in United States v. Stevens, 302 U. S. 623, See n. 11, supra. Cf. Hines v. Lowrey, 305 U. S. 85, in which this Court rejected the contention that the Federal Constitution does not confer any authority upon Congress to deal with mental incompetents.
See, e. g., Case v. Bowles, 327 U. S. 92; Oklahoma v. Atkinson Co., 313 U. S. 508; United States v. Darby, 312 U. S. 100.
Dissenting Opinion
with whom
I do not see how this decedent’s estate can constitutionally pass to the United States. The succession of real and personal property is traditionally a state matter under our federal system. Mager v. Grima, 8 How. 490, 493-494. That tradition continues, United States v. Burnison, 339 U. S. 87, 91-92; Clark v. Allen, 331 U. S. 503, 517; Irving Trust Co. v. Day, 314 U. S. 556, 562; Lyeth v. Hoey, 305 U. S. 188, 193. An individual can contract away his assets — making the United States the promisee — and the contract will be enforced, provided, it
We deal here, however, with an inheritance that the incompetent veteran received from his brother — an estate worth about $13,000. How Congress can provide for that sum to pass to the United States is difficult to understand. Oregon has provided how the property of one who dies intestate and without heirs shall be distributed;
Yet the Supremacy Clause is not without limits. For a federal law to have supremacy it must be made “in pursuance” of the Constitution. The Court, of course, recognizes this; and it justifies this federal law governing devolution of property under the Necessary and Proper Clause of Art. I, § 8.
The power to build hospitals and homes for veterans and to pay them pensions is plainly necessary and proper to the powers to raise and support armies and navies and to conduct wars. The power to provide for the administration of the estates of veterans (which are not made up of federal funds owing the veterans) is to me a far cry from any such power. But the present Act is of that character.
This federal law governing estates of veterans is phrased in the language of contract. It is designed to draw into the federal treasury all estates of the kind mentioned, whether they be worth six cents or a million dollars. The federal claim is not for services rendered, as no effort is made to restrict the amount of the federal claim to benefits received. The Act plainly is a federal succession law.
The Act under which the United States purports to act is now found in 38 U. S. C. §§ 5220-5228. In its present form, it came into the law in 1941. Act of Dec. 26, 1941, 55 Stat. 868. Section 1 regulates the disposition of the property of any veteran who dies while in a Veterans’ Hos
We know that, while the Act is based on “a conclusive presumption” that a contract to assign the property to the United States was made, there was in fact no contract in this case. During the period of Warpouske’s hospitalization — from March 1, 1956, to March 19, 1956, the day of his death — he was either comatose or semicomatose.
Veterans or anyone else may make the United States a beneficiary of their estate, absent a state law that precludes it. See United States v. Burnison, supra. But if it is “fairly incident” to raising and supporting armies and navies and conducting wars for the United States to take over the administration of the personal property of veterans who die intestate, I see no reason why Congress cannot take over their real estate too. I see no reason why, if the United States can go as far as we allow it to go today, it cannot supersede any will a veteran makes and thus better provide for the comfort, care, and recreation of other ex-service men and women who are dependent on the United States for care. And the more money the Federal Government collects for veterans the better the care they will receive. No greater collision with state law would be present where Congress took realty or displaced an entire will than here. Oregon's law providing for escheat is as explicit as her law providing for the administration of the estates of deceased people. If a contract between the United States and, an utterly incompetent person can be conclusively presumed to exist when the incompetent dies intestate, it can be where he leaves a will. If it can be conclusively presumed in case of a veteran, it can be conclusively presumed in case of any federal employee, in case of any
The Tenth Amendment does not, of course, dilute any power delegated to the national government. That is one face of the truism that runs through our decisions. United States v. Darby, 312 U. S. 100, 124; Oklahoma v. Atkinson Co., 313 U. S. 508, 534; Case v. Bowles, 327 U. S. 92, 101. But when the Federal Government enters a field as historically local as the administration of decedents’ estates, some clear relation of the asserted power to one of the delegated powers should be shown. At times the exercise of a delegated power reaches deep into local problems. Wickard v. Filburn, 317 U. S. 111, allowed the commerce power to extend to home-grown and home-used wheat, because total control was essential for effective control of the interstate wheat market. But there is no semblance of likeness here. The need of the Government to enter upon the administration of veterans’ estates — made up of funds not owing from the United States — is no crucial phase of the ability of the United States to care for ex-service men and women or to manage federal fiscal affairs.
Today’s decision does not square with our conception of federalism. There is nothing more deeply imbedded in the Tenth Amendment, as I read history, than the disposition of the estates of deceased people. I do not see how a scheme for administration of decedents’ estates of the kind we have here can possibly be necessary and proper to any power delegated to Congress.
Raising money by borrowing or by taxing are explicitly provided for in Art. I, § 8. Raising money by appropriating assets of those who have a relationship with the
See Restitution, Restatement of the Law, Am. L. Inst. (1937), §114; 5 Corbin on Contracts (1951) §1109.
Ore. Rev. Stat. 120.010 provides:
“Immediately upon the death of any person who dies intestate without heirs, leaving any real, personal or mixed property, interest or estate in this state, the same escheats to and vests in the state, subject only to the claims of the creditors and as provided in ORS 120.060 to 120.130; and the clear proceeds derived therefrom shall be paid into and become a part of the Common School Fund of this state and be loaned or invested by the State Land Board, as provided by law.”
Adam Warpouske spent a large part of his life in Veterans’ Hospitals, especially during the years from 1930 to 1945. (The record also shows that he received care in the facilities of various states.) But the claim to administer his personal property arises solely from “the fact of death” in a Veterans’ Hospital.
The inspiration for this law, as seen from the legislative history (H. R. Rep. No. 609, 77th Cong., 1st Sess.; S. Rep. No. 900, 77th Cong., 1st Sess.), was the Veterans’ Administration, a fact which perhaps makes relevant the following observation: “Politicians and taxpayers have assumed (with occasional phases of doubt) that a rising total in the number of civil servants must reflect a growing volume of work to be done. Cynics, in questioning this belief, have imagined that the multiplication of officials must have left some of them idle or all of them able to work for shorter hours. But this is a matter in which faith and doubt seem equally misplaced. The fact is that the number of the officials and the quantity of the work are not related to each other at all. The rise in the total of those employed is governed by Parkinson’s Law and would be much the same whether the volume of the work were to increase, diminish, or even disappear. The importance of Parkinson’s Law lies in the fact that it is a law of growth based upon an analysis of the factors by which that growth is controlled.” Parkinson, Parkinson’s Law (1957), pp. 3-4.
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