Tucker Act

“ We have no occasion, therefore, to consider whether the United States could ever be liable under the Tucker Act, as for a taking, for loss suffered through the abandonment of the 'commandeering process,' where the owner had retained possession of the property and the government had neither accepted, used, or injured it. ”

“ I take issue with him at the very start by denying the dogma of equality of rights,—in fact, by denying rights altogether except those acquired by contract. In times past, when, though already an Egoist and knowing then as now that every man acts and always will act solely from an interest in self, I had not considered the bearing of Egoism upon the question of obligation, it was my habit to talk glibly and loosely of the right of man to the land. It was a bad habit, and I long ago sloughed it off. Man's only right over the land is his might over it. ”

“ The Tucker Act is displaced, however, when a law assertedly imposing monetary liability on the United States contains its own judicial remedies. In that event, the specific remedial scheme establishes the exclusive framework for the liability Congress created under the statute. ”

“ The Little Tucker Act and its companion statute, the Tucker Act, §1491 (a) (1) , [2] do not themselves "creat [e] substantive rights," but "are simply jurisdictional provisions that operate to waive
↑ 1 It is undisputed that this class action satisfied the Little Tucker Act's amount-in-controversy limitation. We have held that to require only that the "claims of individual members of the clas [s] do not exceed $10,000." ”

“ Just claims are painfully deferred without interest, and the credit of the Government, so strictly upheld upon its bonded debt, is justly censured in respect to its honest and private claims.' [10]
In response to the needs disclosed by this report Congress passed the Tucker Act, manifestly intending to provide adequate opportunity for expeditious and orderly determination of claims against the Government. ”

“ Sovereign immunity shields the United States from suit absent a consent to be sued that is "'unequivocally expressed.'" United States v. Nordic Village, Inc., 503 U. S. 30, 33–34 (1992) (quoting Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95 (1990) ; some internal quotation marks omitted) . The Little Tucker Act is one statute that unequivocally provides the Federal Government's consent to suit for certain money-damages claims. ”

“ That section speaks in capacious terms of "interim use of any established railroad rights-of-way" (emphasis added) and does not support petitioners' proposed distinction between conversions that might result in a taking and those that do not. Although Congress did not explicitly promise to pay for any takings, we have always assumed that the Tucker Act is an "implie [d] promis [e] " to pay just compensation which individual laws need not reiterate. ”

“ The complaint asserts that the judgment recovered for the entire proceeds of the sale of plaintiff's stock has been formally released and satisfied. The satisfaction is said to have been obtained by duress. If the present proceeding be viewed as an action on the judgment the satisfaction is a bar to its maintenance; if treated as an appeal to the equity powers of the Court to set aside the release and satisfaction the Tucker Act is not a consent to the prosecution of such an action in the District Court. ”

“ It will be time enough to consider the constitutionality of an Act of Congress that is claimed to be in defiance of the First Amendment when such legislation by Congress confronts us with the problem. ”

“ It authorizes aggrieved consumers to hold "any person" who "willfully" or "negligent [ly] " fails to comply with the Act's requirements liable for specified damages. 15 U. S. C. §§1681n (a) , 1681o. Claims to enforce liability must be brought within a specified limitations period, §1681p, and jurisdiction will lie "in any appropriate United States district court, without regard to the amount in controversy, or in any other court of competent jurisdiction." Ibid. Without resort to the Tucker Act, FCRA enables claimants to pursue in court the monetary relief contemplated by the statute. ”

“ No individual has a right to do any act which is invasive, but any number of individuals may rightfully "conspire" to commit any act which is non-invasive. Jus acknowledges the force of Liberty's argument that A may as properly boycott C as B. Further consideration, I think, will compel it to acknowledge that A and B combined may as properly boycott C as may A alone or B alone. ”

“ Richmond was evacuated by the Confederate Army and Government on the night of the 2d of April, 1865. Strange to relate, Tucker received no orders to retire with his command, and he held his post steadily until, early on the morning of the 3d, the Confederate iron-clads in James river were burnt by their own commanders. When he knew the troops were marching out of Richmond and saw the Confederate iron-clads burning in the river, Tucker thought it was not only justifiable but necessary for him to act without orders, and he retired with his command from Drewry's Bluff. ”

“ Talk about the Communists being madmen! The authorities and their mouthpieces are the real madmen now. One would think that the throwing of this bomb was the first act of violence ever committed under the sun. These lunatics seem to forget that they are the representatives and champions of a standing régime of violence,—a régime which is a perpetual menace levelled at every one who dares to claim his liberty; a régime which ties the hands of laborers while a band of licensed robbers called capitalists pick their pockets. How can they expect aught but violence from their victims? ”

“ Tucker, 364 U.S. 479, 81 S.Ct. 247, 5 L.Ed.2d 231, where a teacher to be hired by a public school of Arkansas had to submit an affidavit 'listing all organizations to which he at the time belongs and to which he has belonged during the past five years.' Id., at 481, 81 S.Ct., at 248.
We held that an Act touching on First Amendment rights must be narrowly drawn so that the precise evil is exposed; that an unlimited and indiscriminate search of the employee's past which interferes with his associational freedom is unconstitutional. ”

“ It follows from what we have said that to the extent that the Texas statute was held to authorize appellant's punishment for refusing to refrain from religious activities in Hondo Village it is an invalid abridgement of the freedom of press and religion.
We think it only proper to add that neither the Housing Act passed by Congress nor the Housing Authority Regulations contain language indicating a purpose to bar freedom of press and religion within villages such as the one here involved. ”

“ Upon protest by foreign nations against this act of Congress, the President, by proclamation, announced that, as it had been claimed that "such persons, under treaties or the law of nations, retain a right to renounce that purpose, and to forego the privileges of citizenship and residence within the United States, under the obligations imposed by the aforesaid act of Congress," [176] to avoid all misapprehension, the plea of alienage would be accepted for sixty-five days, during which time such persons as had only declared their intention to become citizens might depart. ”

“ They'll think he is Santa Claus if you are along. The only Christmas they have ever had has come through us, and they will just think we have invited Santy here to amuse them. I think we can trust Mr. Tucker to act the part. I am going to beg off and stay home with my book," and the dear man sank back in his chaise longue and buried his nose once more in his four thousand pages of poetry.
So I drove Zebedee, and the girls and Wink went with Jo Winn and the New York cousin in a great old double sleigh that must have been in the Winn family as long as our family coach had been in ours. ”

“ The second step of the analysis—using “trust principles” to sort out the damages the United States owes, Navajo II, 556 U. S., at 301—clearly has no purchase in this context. (Another tell that the Tucker Acts framework itself has no purchase.) But what about the first step? Historically, this Court’s cases have distinguished between regulatory schemes that create “bare trusts” (that cannot sustain actions for damages) and a “conventional” trust (that can make the government “liable in damages for breach” under the Tucker Acts) . White Mountain Apache Tribe, 537 U. S., at 473–474 ”

“ But then it must allow to the Tennessee laborers and the Kansas judge the same liberty that it claims for itself. If the "higher law" doctrine is good for anything, it is good, not only against legislatures, but against supreme courts. On the other hand, if it is good for nothing, the Sun should take its own advice to other law-breakers, and, instead of violating the law regarding executions, should go to the ballot-box and get it repealed. But the Sun will not be thus heedful of consistency. That jewel is not prized by hogs. The Sun is a hog, an organ of hogs, an apologist for hogs ”

“ For some time past the New York Sun has been violating law with boasting and defiance, and yet, because in Tennessee a forcible attempt has been made to prevent the employment of convicts in the mines, and because in Kansas an Alliance judge has disobeyed the decree of the supreme court, it solemnly declares that to disregard law "is resistance to the will of the people, except in the case of an unconstitutional statute, which is really no law at all." ”

“ He insinuated some doubts, though he would not venture to express a decided opinion, how far the power to regulate commerce gave to congress the right to pursue an individual citizen in his business between one foreign nation and another. Tucker pushed this argument to a much greater extent, denying the right of congress over citizens trading out of their jurisdiction, any further than to deprive vessels so employed of their American character. But, in spite of all the objections urged against it, the resolution, as modified by Madison, was adopted. ”

“ It is obvious that this contract, this social law, developed to its perfection, excludes all aggression, all violation of equality of liberty, all invasion of every kind. Considering this contract in connection with the Anarchistic definition of the State as the embodiment of the principle of invasion, we see that the State is antagonistic to society; and, society being essential to individual life and development, the conclusion leaps to the eyes that the relation of the State to the individual and of the individual to the State must be one of hostility, enduring till the State shall perish. ”

“ The claim of the State Socialists, however, that this right would not be exercised in matters pertaining to the individual in the more intimate and private relations of his life is not borne out by the history of governments. It has ever been the tendency of power to add to itself, to enlarge its sphere, to encroach beyond the limits set for it; and where the habit of resisting such encroachment is not fostered, and the individual is not taught to be jealous of his rights, individuality gradually disappears and the government or State becomes the all-in-all. ”

“ How is it possible to sanction, under the law of equal liberty, the confiscation of a man's earnings to pay for protection which he has not sought and does not desire? And, if this is an outrage, what name shall we give to such confiscation when the victim is given, instead of bread, a stone, instead of protection, oppression? To force a man to pay for the violation of his own liberty is indeed an addition of insult to injury. But that is exactly what the State is doing. Read the "Congressional Record"; follow the proceedings of the State legislatures; examine our statute-books ”

“ They cannot bear to think, that one Man, or one Family should be so much exalted above themselves, in Contradiction to their darling Maxim of a natural Equality. And this Scheme for laying the Foundation of a new and equal Republic is what the Republicans really intend by using the Phrase Revolution Principles at this Day. In short, we have now the most authentic Proofs, that their Predecessors of old tried all Means in their Power, and even applied to the Court of France first to prevent, and then to defeat the Revolution, and to set up a Republican Form in its stead ”