President Expands Federal Monuments with his pen

 

On March 11, 2014, President Barack Obama, designated the Point Arena-Stornetta Public Lands a national monument, setting aside 1,665 acres of a pristine Northern California coastline for future generations, thereby keeping a promise made in his 2014 Cabinet meeting and Inaugural Address.

“We are not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help that they need. I’ve got a pen, and I’ve got a phone. And I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward….” Some have dubbed this his nullification of Congress speech.

But where in the Constitution is authority for him to take land from a state and claim it for a national monument or park? A look at Article II, wherein his powers are listed, identifies no such power. He has but eleven powers: 1) “Commander in chief of the army and navy of the United States” including the militia when called into actual service of the United States; 2) supervise departments (cabinet), each presumably established by the Congress (George Washington had but four); 3) grant reprieves and pardons; 4) make treaties with the help of the Senate; 5) with Senate help appoint positions established by law such as ambassadors, ministers and judges; 6) fill vacancies “during recess of the Senate;” 7) make recommendations to Congress on the state of the union; 8) convene both houses on special occasions and handle disputes with respect to convening; 9) receive ambassadors and other public ministers; 10) make certain that “laws be faithfully executed;” and, 11) “commission all the officers of the United States.”

Simply stated the president has two supervisory powers over existing organizations and two shared powers with the Senate, otherwise he pardons, recommends, appoints and entertains. That is it!

Notice the absence of the words executive order, or anything like unto it. He has no law-making or land acquisition powers.

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