Zschernig v. Miller

Zschernig v. Miller, 389 U.S. 429 (1968), was a case in which the Supreme Court of the United States invalidated an Oregon statute for unconstitutionally intruding into the federal realm of foreign affairs even though the statute did not conflict with any federal treaty or statute.

When the heirs tried to claim their inheritance, the State Land Board attempted to escheat the funds because East Germany would not allow the inheritance if the countries involved were reversed.

The court found the law unconstitutional because of "intrusion by the State into the field of foreign affairs which the Constitution entrusts to the President and the Congress.

"[3] The Supreme Court applied Zschernig in American Insurance Association v. Garamendi, a 2003 case, although they relied more on Justice Harlan's concurring opinion in Zschernig than on the majority's reasoning.

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