Presidents Lack the Authority to Abolish or Diminish National Monuments

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.

Keywords: National Monuments, Antiquities Act, FLPMA, Presidential Authority, Separation of Powers, Federal Public Lands

Suggested Citation: Suggested Citation

Squillace, Mark Stephen and Biber, Eric and Bryner, Nicholas and Hecht, Sean B., Presidents Lack the Authority to Abolish or Diminish National Monuments (2017). Virginia Law Review, Vol. 103, pp. 55-71, 2017, UCLA School of Law, Public Law Research Paper No. 17-16, UC Berkeley Public Law Research Paper, U of Colorado Law Legal Studies Research Paper No. 17-24, Available at SSRN: https://ssrn.com/abstract=2967807