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In 1906 President Theodore Roosevelt got the Antiquities Act (AA) passed in Congress, legislation designed to protect archeological sites, and giving presidents executive power for preservation purposes.
But the ever-shrewd TR knew that the new law would be useful to do more than just preserve ancient Indian settlement sites or shards of pottery. For good or ill, the only Republican president who is admired by modern Greens used it to close off vast tracts of the American West to economic "exploitation."
All this begs the question as to the constitutionality of legislation such as the Antiquities Act.
How can a president by executive fiat create national monuments in some states, but in others -- such as Wyoming, Alaska, and maybe in the future, Utah -- has powers limited by Congressional legislation?
Are any of the legal nuances involved here in violation of the 10th Amendment? I don't know, I'm not a constitutional scholar. Chief Justice Roberts?
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