State of Wyoming v. Franke
58 F. Supp. 890, 1945 U.S. Dist. LEXIS 2629 (1945)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
When Congress grants the President discretionary authority to take action upon his own finding of certain facts, the President's judgment as to the existence of those facts is not subject to judicial review.
Facts:
- President Franklin D. Roosevelt issued Proclamation Number 2578, establishing the Jackson Hole National Monument in Teton County, Wyoming.
- The proclamation set aside approximately 221,610 acres of land under the authority of the Antiquities Act of 1906.
- The State of Wyoming derived revenue from the designated area through fish and game licenses, as well as grazing fees.
- Wyoming also constructed and maintained many miles of state highways within the boundaries of the newly created monument.
- An official of the Interior Department, the defendant, asserted a right to the control and jurisdiction over the area.
- The defendant threatened to implement management and control measures, such as placing gates and guards, that would interfere with Wyoming's jurisdiction, its operation of highways, and its collection of revenue.
Procedural Posture:
- The State of Wyoming filed suit against an official of the Interior Department in the United States District Court for the District of Wyoming.
- The suit sought a declaratory judgment to void the President's proclamation creating the Jackson Hole National Monument and an injunction to prevent federal control over the area.
- During the litigation, the named defendant was changed from Charles J. Smith to Franke upon stipulation of the parties.
- The defendant filed a motion to dismiss and a motion for summary judgment, both of which the district court overruled without prejudice.
- The case proceeded to a trial on the merits in the district court.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a presidential proclamation creating a national monument under the Antiquities Act constitute a discretionary act that is beyond the scope of judicial review, even when challenged on the grounds that the designated land lacks objects of historic or scientific interest and exceeds the smallest area necessary for their protection?
Opinions:
Majority - Kennedy, District Judge
Yes. A presidential proclamation creating a national monument under the Antiquities Act is a discretionary executive act that is not subject to judicial review. The Antiquities Act authorizes the President, in his discretion, to create national monuments upon finding the existence of historic or scientific objects. The court's role is not to weigh the evidence to determine if such objects exist, but only to ascertain whether there was substantial evidence upon which the President could have based his decision. As the government presented evidence of historic trails, glacial formations, and a unique biological field for wildlife research, a factual basis for the President's discretion existed. Citing precedent like United States v. George S. Bush & Co., the court held that where a statute gives a discretionary power to an officer to be exercised upon his own opinion of certain facts, that officer is the sole and exclusive judge of the existence of those facts. Therefore, probing the President's reasoning or motives would be an improper judicial invasion of the executive and legislative domains, making this a political question for Congress, not the courts, to resolve.
Analysis:
This decision establishes that a President's use of the Antiquities Act is largely insulated from judicial review, effectively treating it as a political question. The ruling grants the executive branch broad power to create national monuments, confirming that a court will not second-guess the factual basis or the size determination as long as the action is not wholly arbitrary or capricious. This precedent significantly limits the ability of states or private parties to challenge the creation of national monuments, shifting the venue for such disputes from the judiciary to the political arena of Congress, which holds the power to amend the President's delegated authority.
