Written by: Matthew Fletcher
Primary Source : Turtle Talk, May 16, 2017.
Mark Squillace, Eric Biber, Nicholas S. Bryner, and Sean B. Hecht have posted “Presidents Lack the Authority to Abolish or Diminish National Monuments” on SSRN.
Here is the abstract:
By any measure, the Antiquities Act of 1906 has a remarkable legacy. Under the Act, 16 presidents have proclaimed 157 national monuments, protecting a diverse range of historic, archaeological, cultural, and geologic resources. Many of these monuments, including such iconic places as the Grand Canyon, Zion, Olympic, and Acadia, have been expanded and redesignated by Congress as national parks.
While the designation of national monuments is often celebrated, it has on occasion sparked local opposition, and led to calls for a President to abolish or shrink a national monument that was proclaimed by a predecessor. This article examines the Antiquities Act and other statutes, concluding that the President lacks the legal authority to abolish or diminish national monuments. Instead, these powers are reserved to Congress.
Latest posts by Matthew Fletcher (see all)
- National Council of Urban Indian Health 2d Annual Conference - April 23, 2019
- On Fear, Parades of Horribles, and Emotionally Potent Oversimplifications in Tribal Rights Litigation - December 21, 2018
- Reflections on Justice Kennedy’s Indian Law Legacy - July 6, 2018