Garfield County v. Biden, Brief of Proposed Amicus Curiae Separation of Powers Clinic

Abstract

The Framers of the Constitution, reacting to centuries of regal excesses that had plundered England’s national resources, gave Congress the power to issue needful rules and regulations to govern federally owned lands, and Congress in turn authorized the President to designate national monuments within narrowly prescribed limits. The President now asserts unlimited discretion to designate every inch of federal property as a monument and then also escape judicial review altogether. The Court should reject Defendants’ arguments.

Keywords: Separation of Powers, Federalism, Congress, Federal Land, Property, National Monuments, Judicial Review

JEL Classification: H1, H10, H11, H77