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Carleson v. Remillard, 406 U.S. 598 (1972)
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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.
Carleson v. Remillard, 406 U.S. 598 (1972)
Carleson v. Remillard No. 70-250 Argued April 10, 1972 Decided June 7, 1972 406 U.S. 598
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Syllabus
This is a class action for injunctive and declaratory relief by a child and mother whose husband is away from home on military duty, challenging the validity of California’s Department of Social Welfare Regulation EAS § 42-350.11, pursuant to which they had been denied Aid to Families With Dependent Children (AFDC) benefits. Though California incorporates in its AFDC eligibility provisions the "continued absence" concept of the Social Security Act, under which a dependent child "deprived of parental support . . . by reason of [a parent’s] continued absence from the home," is deemed eligible for AFDC benefits, EAS § 42-350.11 excludes absence because of military service from the definition of "continued absence." The District Court granted the relief sought.
Held: Section 402(a)(10) of the Social Security Act imposes on each State participating in the AFDC program the requirement that benefits "shall be furnished with reasonable promptness to all eligible individuals." Under the Act, the eligibility criterion of "continued absence" of a parent from the home means that the parent may be absent for any reason. Consequently, that criterion applies to one who is absent by reason of military service, and California’s definition is invalid under the Supremacy Clause. Pp. 600-604.
325 F.Supp. 1272, affirmed.
DOUGLAS, J., delivered the opinion for a unanimous Court. BURGER, C.J., filed a concurring opinion, post, p. 604.
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Chicago: U.S. Supreme Court, "Syllabus," Carleson v. Remillard, 406 U.S. 598 (1972) in 406 U.S. 598 406 U.S. 599. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=8SEHL65DBMMAAYZ.
MLA: U.S. Supreme Court. "Syllabus." Carleson v. Remillard, 406 U.S. 598 (1972), in 406 U.S. 598, page 406 U.S. 599. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8SEHL65DBMMAAYZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Carleson v. Remillard, 406 U.S. 598 (1972). cited in 1972, 406 U.S. 598, pp.406 U.S. 599. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=8SEHL65DBMMAAYZ.
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