Quartering Species: The Living Constitution, the Third Amendment, and the Endangered Species Act

Authors

Andrew P. Morriss, Texas A&M University School of LawFollow
Richard L. Stroup

Document Type

Article

Publication Date

1-2000

Journal Title

Environmental Law

ISSN

0046-2276

Abstract

The authors argue that the fundamental flaw in the Endangered Species Act (ESA) is that it fails to force government decision makers to consider the opportunity cost of their actions, resulting in flawed decision making that imposes heavy costs on landowners without actually protecting endangered species. The authors develop this analysis through an examination of the ESA in light of the modern "living Constitution" theory of interpretation. They conclude that under this theory the ESA's "quartering of species" on private land violates the Third Amendment's ban on quartering soldiers.

First Page

769

Volume Number

30

Publisher

Northwestern School of Law, Lewis & Clark College

Recommended Citation

Andrew P. Morriss & Richard L. Stroup, Quartering Species: The Living Constitution, the Third Amendment, and the Endangered Species Act, 30 Envtl. L. 769 (2000).
Available at: https://scholarship.law.tamu.edu/facscholar/70