In the case of Kleppe v. Delta Mining Inc., 1975, the United States Supreme Court ruled that the federal government has complete power over public lands and can protect wild horses and burros from capture or harm under the Wild Free-Roaming Horses and Burros Act of 1971. The court held that Congress had authority to enact this legislation under its constitutional powers to regulate property belonging to the United States. The decision came after a group of mining companies challenged this law arguing it was an unconstitutional exercise of Congressional power since there was no proof these animals were endangered nor did they cross state lines, thus not affecting interstate commerce. However, their argument was rejected by both lower courts and finally by Supreme Court which affirmed that protection for these animals on public land fell within Congress's purview as "property" manager.

In the dissenting opinion for Kleppe v. Delta Mining, Inc., Justice Thurgood Marshall argued that the majority's interpretation of the Property Clause was overly broad and gave too much power to Congress. He contended that while Congress has authority over federal lands, it should not extend to regulation of all private activities on those lands without a clear connection to federal interests. Marshall also disagreed with the majority's view that courts should defer completely to Congressional judgment in these matters; he believed judicial review is necessary when there are allegations of Constitutional violations or exceeding statutory authority. Furthermore, he expressed concern about potential abuse of this expanded power by future administrations and its impact on state sovereignty.