Valley Forge v. Americans United for Separation of Church and State, Inc. (1982) Facts: Under the Federal Property and Administrative Services Act of 1949 , the Department of Health, Education, and Welfare (now the Department of Education [part of the Executive Branch]) has the authority to sell surplus government property for educational use to nonprofit, tax-exempt educational institutions. Congress has the Constitutional authority to “dispose of and make needful Rules and Regulations respecting the…Property belonging to the United States,” under Article IV, Section 3, Clause 2. However, American United filed a suit in Pennsylvania to stop the Department of Health, Education, and Welfare from surveying as “surplus property” a closed and former army hospital to Valley Forge Christian College. American United contended that the department’s conveyance violated its member’s 1 st Amendment rights to religious freedom and “deprived them of fair and constitutional use of their tax dollars.” Issue:
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This note was uploaded on 10/26/2008 for the course POSC 340 taught by Professor Auerbach during the Fall '07 term at USC.