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Barlow v. Collins, 397 U.S. 159 (1970)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Barlow v. Collins, 397 U.S. 159 (1970)
Barlow v. Collins No. 249 Argued November 19, 1969 Decided March 3, 1970 397 U.S. 159
CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
Petitioners, who are tenant farmers eligible for payments under the upland cotton program, enacted as part of the Food and Agriculture Act of 1965, challenge the validity of an amended regulation issued b the Secretary of Agriculture in 1966. The program incorporates § 8(g) of the Soil Conservation and Domestic Allotment Act, thereby permitting participating farmers to assign payments only "as security for cash or advances to finance making a crop." The 1966 amendment changed the definition of "making a crop" to permit assignments to secure "the payment of cash rent for land used." Petitioners seek a declaratory judgment holding the amended regulation invalid and an injunction prohibiting respondent federal officials from permitting assignments to petitioners’ landlord, claiming that he can now demand assignments as a condition of leasing and that the tenants, who lack any other source of cash or credit, are reduced to obtaining all other necessities from the landlord at high prices and rates of interest. The District Court held that petitioners lacked standing to maintain the action, and the Court of Appeals affirmed.
Held:
1. Petitioners have standing to maintain this suit. Data Processing Service v. Camp, ante, p. 150. Pp. 164-167.
(a) Petitioners have the personal stake and interest that impart the concrete adverseness required by Article III of the Constitution. P. 164.
(b) Petitioners are clearly within the zone of interests protected by the Food and Agriculture Act, and they are persons "aggrieved by agency action within the meaning of a relevant statute," as set forth in § 702 of the Administrative Procedure Act. Pp. 164-165.
2. The statutory scheme evinces a congressional intent that there may be judicial review of the Secretary’s action. Pp. 165-167.
District Court judgment and 398 F.2d 398, vacated and remanded.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Barlow v. Collins, 397 U.S. 159 (1970) in 397 U.S. 159 397 U.S. 160. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=1XLJ3CRL33YQI3A.
MLA: U.S. Supreme Court. "Syllabus." Barlow v. Collins, 397 U.S. 159 (1970), in 397 U.S. 159, page 397 U.S. 160. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=1XLJ3CRL33YQI3A.
Harvard: U.S. Supreme Court, 'Syllabus' in Barlow v. Collins, 397 U.S. 159 (1970). cited in 1970, 397 U.S. 159, pp.397 U.S. 160. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=1XLJ3CRL33YQI3A.
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