Clinton Monuments Assailed in Court
NewsMax.com
August 30, 2000
Conservative land-use groups have challenged President Clinton's
constitutional authority to create national monuments by a stroke
of his pen without consulting Congress.
The Mountain States Legal Foundation and the BlueRibbon
Coalition filed suit Tuesday in federal court in Washington to
cancel half of the 10 monuments Clinton designated this year.
The five contested monuments in Arizona, Colorado, Oregon and
Washington contain 1.5 million acres, where off-road vehicle use,
mining, logging and oil drilling were suddenly banned or
restricted.
According to the Associated Press:
William Perry Pendley of the Mountain States Legal Foundation
said, "The bottom line is, the president doesn't have the
authority to do what he's done."
He said the president violated the provision in the 1906
Antiquities Act that national monuments "shall be confined to the
smallest area compatible with the proper care and management of
the objects to be protected."
Pendley said that Clinton "has no authority to close these areas
because they are pretty, because they have endangered-species
habitat, because they have wild and scenic rivers or because they
have 800-year-old trees."
A president's power under the Antiquities Act, he said, is only
to protect historic, archaeological or scientific sites.
Traditionally, federal courts have rejected legal challenges to
national monuments.
However, Congress also has authority over federal land use, and
Republican members have condemned Clinton's declaration of so
many national monuments, covering some 4 million acres, as an
election-year gambit to toady up to environmental groups.
Dick Cheney, the Republican vice-presidential nominee, said if
George W. Bush is elected president in November they might
rescind some of the Clinton monuments.
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