Friday, August 25, 2017

Those Aren't "National Monuments"; They're National Parks-by-Decree

Because Government-By-Decree Is So Much Easier Than Government by the "Consent of the Governed"

Besides, Robert E. Jefferson coined the phrase.

Jazz Shaw: "The biggest problem, as we’ve discussed here before, is that none of these areas are in line with either the letter or the spirit of the Antiquities Act. Rather than focusing on the proper definitions of monuments versus parks, a statement from the Interior Department said that one factor Zinke took into account was the fact that there was “very little, to no, local opposition” to some of them, such as California’s massive Sand to Snow Monument. (That one clocks in at 154K acres.)
Therein lies the problem. The question at hand should really have relatively little to do with local opposition or lack thereof. It’s a question of propriety under the law. Sand to Snow is hardly unique in its various properties, though certainly beautiful and a great tourist destination. It is not, however, “a thing.” It’s a massive tract of land. That means that if you want to set it aside from development or private use, Congress should designate it as a national park. The idea of National Monuments was clearly spelled out in the Antiquities Act and they are supposed to be unique “historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest.”
Every part of the legislation speaks to specific objects and features, not landscapes. And if that’s not enough for you, the act goes one step further, cautioning that such monuments be confined to, “the smallest area compatible with proper care and management of the objects to be protected.”.......

Scofflaw Democrats have illegitimately used the Granny Clinton Antiquities Act as a way to avoid votes in Congress, much as they also use court rulings to avoid democracy. Say--maybe those heroic #NeverTrumpers could oppose this on principle! They're keep saying how they're all about the principles.

This is a National Monument.


This is a National Monument.

"This is a National Monument."













 But This...is a National Park:


There is one National Monument, however, that is in critical danger of extinction and needs protection more than ever:


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