Mike Lee & others on AEI’s Video & Report on Presidential Authority to Revoke or Reduce National Monument Designations
March 30, 2017 / Source: American Enterprise Institute and Pacific Legal Foundation
– President Barack Obama’s midnight executive actions to designate vast areas of Nevada and Utah as national monuments can be easily revoked by the new administration.
– The text, history, and executive practice under the Antiquities Act of 1906, as well as foundational constitutional principles, provide for presidential discretion in the creation and revocation of national monuments.
– Even if the president’s discretion to revoke monuments is limited, his discretion to significantly reduce a monument’s size is strongly supported by the text of the Antiquities Act, its legislative history and purposes, and unbroken presidential practice.
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