The White House is trying to lock up millions of acres, but no president can bind his successor
As he prepares to leave office in three weeks, President Obama is still trying to shape his legacy. On Dec. 20 the White House announced the withdrawal of millions of acres of Atlantic and Arctic territory from petroleum development. This week Mr. Obama proclaimed 1.35 million acres in Utah and 300,000 acres in Nevada to be new national monuments. But all the soon-to-be ex-president will prove is the fleeting nature of executive power.
These actions, like many others he has taken, are vulnerable to reversal by President-elect Trump. In our constitutional system, no policy can long endure without the cooperation of both the executive and legislative branches. Under Article I of the Constitution, only Congress can enact domestic statutes with any degree of permanence. And because of the Constitution’s separation of powers, no policy will survive for long without securing and retaining a consensus beyond a simple majority.