For over a century, presidents have wielded the Antiquities Act to designate vast stretches of land as national monuments—often pushing the boundaries of executive authority. But who ensures those boundaries are upheld? In the Garfield County v. Biden case, a Utah court claimed it had no power to review a President’s monument designation under the Antiquities Act, suggesting Congress granted unchecked authority.
In this research paper, MSLF attorneys Robert Welsh and Ivan London challenge that premise, arguing that because Congress placed clear limits on the President’s power within the statute, judicial review isn’t just possible—it’s essential. If the courts refuse to interpret and apply those statutory limits, they abandon their constitutional duty to uphold the rule of law.