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The State and Local Arizona Documents (SALAD) collection contains documents published by the State of Arizona, its Counties, incorporated Cities or Towns, or affiliated Councils of Government; documents produced under the auspices of a state or local agency, board, commission or department, including reports made to these units; and Salt River Project, a licensed municipality. ASU is a primary collector of state publications and makes a concerted effort to acquire and catalog most materials published by state and local governmental agencies.

The ASU Digital Repository provides access to digital SALAD publications, however the ASU Libraries’ non-digitized Arizona documents can be searched through the ASU Libraries Catalog. For additional assistance, Ask A Government Documents Librarian.

Publications issued by the Morrison Institute for Public Programs at Arizona State University are also available in PRISM, in the Morrison Institute for Public Policy - Publications Archive collection.

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Endangered Species Act and the Constitution

ContributorsBosselman, Fred P. (Author) / Pima County (Ariz.). County Administrator's Office (Publisher)
Created1999
Description
When we talk about Constitutional issues in relation to the Act, we are really asking is there a likelihood that it is unconstitutional in part or as applied to particular situations? The first risk is that some parts of it will be held to have been beyond the power of…

When we talk about Constitutional issues in relation to the Act, we are really asking is there a likelihood that it is unconstitutional in part or as applied to particular situations? The first risk is that some parts of it will be held to have been beyond the power of Congress to enact because they are not permissible exercises of the Interstate Commerce power. The second issue is the application of the Act to certain tracts of private property in a manner that would deprive that property of all beneficial use and constitute a taking of property. The third is that the mitigation demanded by the government as a condition for being allowed to take endangered species will exceed the power of government to demand because of a lack of a nexus in rough proportionality-- two tests that the Supreme Court has come up with in recent years.