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Utah Law Faculty Scholarship

Series

2018

Bears Ears; Grand Staircase-Escalante; National Monuments; Antiquities Act

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Full-Text Articles in Law

The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple Oct 2018

The Trump Administration And Lessons Not Learned From Prior National Monument Modifications, John C. Ruple

Utah Law Faculty Scholarship

In the debate surrounding President Trump’s monument reductions, a critical and as-yet unanswered question is whether prior presidential monument reductions create a precedent for contemporary actions through the doctrine of congressional acquiescence. This article undertakes a historical survey of prior presidential reductions to determine whether—and if so to what extent—there is a pattern of presidential action sufficient to support the congressional acquiescence argument.