During consideration of the fiscal 2024 environment-interior appropriations bill (H.R. 4821), Representative Andy Ogles (R-Tenn.) offered an amendment to prohibit funds from being used to provide additional funding for national monument designations under the Antiquities Act. According to Ogles, “In the 8 years that Joe Biden was Vice President under the Obama administration, the Antiquities Act was weaponized for 550 million acres of land. That is roughly a quarter of the land by acreage in the United States. That is a problem that goes beyond the scope and intent of this act.”
The House rejected Ogles’ amendment on November 2, 2023 by a vote of 175 to 244 (Roll Call 592). We have assigned pluses to the yeas because, although the Founding Fathers did not envision the federal government indefinitely “owning” 30 percent of the land area of the states as it now does, they did grant Congress, not the president, the “Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States” (Article IV, Section 3 of the Constitution). As to whether the federal government has the right to ownership and control of a large percentage of the land area of the states for an indefinite period of time, here’s Founding Father Thomas Jefferson’s answer in his Kentucky Resolutions of 1798: “The several states composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that by compact under the style and title of a Constitution for the United States and of amendments thereto, they constituted a General Government for special purposes, delegated to that Government certain definite powers, reserving each state to itself, the residuary mass of right to their own self Government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
