There is no question that an Act of Congress can eliminate, shrink, or weaken a national monument proclaimed by a president pursuant to authority granted by Congress. What Congress giveth, Congress can taketh away. The property clause of the U.S. Constitution (Article 4, Section 3, Clause 2) ensures that. Yet in fifty-five Congresses over the past 110 years, Congress has rarely acted to eliminate, reduce, or weaken a national monument proclamation by a president.
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“Small” Wilderness: No Big Deal
Of the 766 wilderness areas designated by Congress since 1964, 48 (6.2 percent or approximately 1 of every 16, not including island wildernesses) are freestanding wilderness areas smaller than 5,000 acres (see Table 1). While most such areas are in the eastern United States, four are in the wide-open American West: the Menagerie Wilderness (4,800 acres) and the Lower White River Wilderness (2,870 acres) in Oregon, Jumbo Springs (4,631 acres) in Nevada, and Baboquivari Peak (2,040 acres) in Arizona.
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