Posted on 03/30/2017 10:08:12 AM PDT by Twotone
A new legal analysis concludes that President Trump could undo the Bears Ears National Monument.
The analysis from the Pacific Legal Foundation finds that a president can revoke a national monument if they determine the areas under protection are "illegally large." The analysis was conducted by Todd Gaziano and John Yoo.
From E&E News:
Yoo and Gaziano argue, however, that even if a president does not have a "general discretionary revocation power," Trump could seek to revoke monuments by declaring them overly large.
"The Congress that enacted the Antiquities Act did not intend monuments of that size to be established by presidential designation," the pair wrote, asserting that early monuments tended to be 5,000 acres or less.
They later added: "If a president makes a credible determination, based on the facts and a reasonable interpretation of the act, that some former monuments are illegally large relative to the original 'object' supposedly being protected, he could declare that the initial designation was void, especially if there is no easy way to make it lawful by severing discrete parcels of land."
No president has ever overturned a national monument, but they have reduced their size on occasion.
The Utah Legislature rushed through a pair of resolutions calling on President Trump to undo the Bears Ears National Monument and reduce the size of Grand Staircase-Escalante. Gov. Gary Herbert was in Washington, D.C. earlier this week where he invited Interior Secretary Ryan Zinke and President Donald Trump to visit Utah and Bears Ears to discuss public lands issues.
America needs to undo the Utah Land Grab while we’re at it.
The Raids and Clintons can find other ways to line their pockets now.
Yes President Trump could...but what has Utah done for President Trump?
President Trump is helping Michigan, PA, and States that supported him, thankfully there were enough of us Trump Supporters in Utah to get him back the delegates that Ted Cruz and Romney stole from him by their ‘voter fraud’...
Maybe when the people of Utah shows that they are solid behind President Trump he might do something for Utah...
We’ll see what happens when the ‘sanctuary city’ of Salt Lake City gets booted in the butt and our State doesn’t get money to support them...maybe by that time Utah people will understand we have a man in the White House finally supports Americans and America!!!
And as far as Hatch saying he will step down if Romney runs for his seat....excuse me, but that is up to the Legal Voters of Utah to decide, not Hatch and not Romney!!!
The Pacific Legal Foundation fell short in their analysis.
National parks or monuments are an unconstitutional federal land-grab from the states, regardless of how benign or benevolent such act may seem at the time. The only valid federal ownership of state land is described in Article I, Section 8, Clause 17 of the U.S. Constitution which says:
“[Congress shall have Power…] to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—”
National parks were not purchased upon consent by state legislatures for the use of “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”, so national parks are unconstitutional federal acts. The states can make state parks according to the consent of the people and legislature of that state.
Because national parks constitute unconstitutional federal commandeering of state land, the relevant state should exercise its constitutional sovereignty and reject and nullify such an act. Unconstitutional federal acts are by definition acts of tyranny – these are just acts of federal tyranny that start with a happy face. Tyranny almost always starts with a happy face but always ends in oppression and misery. States have the constitutional right and the moral duty to stand against such acts.
They shouldn’t undo the Bears Ears monument if there is clear precedence for reducing its size. They could reduce it to the size of a bear’s ear.
Seconded that Escalante needs to be voided posthaste.
MAGA
How will bears keep their glasses from falling off of their heads?
/s ;^)
Poor bears!
It seems like the easy thing to do would be to shrink the monument to a 5000-acre plot somewhere in the existing area.
wait, you are a supporter of Donald Trump and you think that he makes decisions about the country based on who he has to punish for what they did to him?
And you are good with that?
You need to get out of Jr. High School before you understand what I said...
ANWR should also go. Nothing there, and almost no tourism in that area. Mostly bare tundra. Should belong to Alaska
“Yes President Trump could...but what has Utah done for President Trump?”
Maybe instead of being snarky, you might realize that whatever you were trying to say clearly is confused, and seek to clarify your statement.
Unless, as I asked, you are OK with a President making decisions not on what is good for the country, but on whether a state has “done” something for him.
Well sorry to step on your toe with my spike heels...but I still say you need to graduate from Jr. High School to see what I was saying...let me know when that event happens, if it happens...
I seriously never understand why someone who takes the time to post their thoughts to a forum, which suggests they would like people to read, understand, and maybe agree with them, would be so cavalier about whether what they wrote made any sense whatsoever.
It’s like why bother taking the time to write something you apparently don’t even agree with, and then get all mad if someone asks you if you really meant to say something stupid?
In the absence of your interest in at all clarifying your comments, I’ll assume that you MEANT to say that you thought it was great Trump was punishing your own state, but then realized that it was really a bad thing to be for, so rather than admit that error you’d rather pretend it never happened.
If this is incorrect, feel free to actually explain what you meant. Or to throw more inane shade around. It’s not like anybody else is apparently reading this particular post enough for it to matter what you said anyway.
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