Constitutional Law Reporter
Award
Menu
  • Home
  • US Constitution
  • Supreme Court Cases
  • Justices
    • Chief Supreme Court Justices
    • Current Supreme Court Justices
    • Past US Supreme Court Justices
  • American Biographies
    • General
    • Presidents
    • Vice-Presidents
    • First Ladies
    • Signers of the U.S. Constitution
    • Signers of the Declaration of Independence
    • Delegates of the U.S. Constitution
    • Misc – Great American Bios
  • Articles
    • Current Cases
    • Historical Cases
    • Impeachment
  • Videos
  • Links
Hot-Topics

September 11, 2025 | SCOTUS Rules Death Row Inmate Has Standing to Challenge Post Conviction DNA Testing Procedures

Antiquities Act of 1906

Signed into law by President Theodore Roosevelt in 1906, the Antiquities Act was the first federal regulation to protect the cultural and natural resources of the United States. It resulted from concern over decades of looting and destruction of Native American sites in the West.

Deterring Pot Hunters

During the late 1800s, calls began for the preservation of the country’s vast archeological sites. Looters known as “pot hunters” removed artifacts to add to their own private collections, while other artifacts were destroyed by careless digging. The movement to protect America’s antiquities spurred a flurry of bills in Congress at the turn of the century; however, lawmakers could not agree how to protect archaeological sites on public lands.

In 1906, Congressman John F. Lacey of Iowa introduced the Antiquities Act after traveling to several sites in the Southwestern United States that had been ravaged by pot hunters. His personal testimony was bolstered by a report by anthropologist Edgar Lee Hewett that detailed the cultural and scientific value of the sites. President Roosevelt, who strongly favored conserving the country’s national resources, supported the legislation and quickly signed it into law.

The Text of the Statute

As set forth in the statute, the aim of the Antiquities Act was “… the protection of objects of historic and scientific interest.” Section 1 of the Antiquities Act made it illegal to “appropriate, excavate, injure, or destroy any historic or prehistoric ruin or monument, or any object of antiquity, situated on lands owned or controlled by the Government of the United States.” The punishment was a fine of not more than five hundred dollars and/or imprisonment for a period of not more than ninety days.

The Antiquities Act also gave the President the power to set aside certain public lands as national monuments. Section 2 specifically authorized the President to “declare by public proclamation historic landmarks, historic and prehistoric structures, and other objects of historic or scientific interest that are situated upon the lands owned or controlled by the Government of the United States to be national monuments.” The statute also authorized the President to reserve or accept private lands for the same purpose.

The First National Monuments

On September 24, 1906, President Roosevelt designated Devils Tower in Wyoming as the country’s first national monument. Roosevelt continued to assert his authority under the Antiquities Act, also protecting the Petrified Forest and Montezuma Castle in Arizona and El Morro in New Mexico that same year. During the remainder of his time in office, Roosevelt would issue executive proclamations for 18 sites, including the creation of the Grand Canyon National Monument. The Antiquities Act has subsequently been used by 16 presidents to create more than 100 national monuments.

Previous Articles

Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
by DONALD SCARINCI on September 4, 2025

In Hewitt v. United States, 606 U.S. ____ (2025), a divided U.S. Supreme Court held that the First ...

Read More
SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
by DONALD SCARINCI on

In FDA v. R. J. Reynolds Vapor Co., 606 U.S. ____ (2025), the U.S. Supreme Court held that e-cigare...

Read More
Supreme Court Expands Judicial Review of Agency Actions
by DONALD SCARINCI on

In McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., 606 U.S. ____ (2025), the U.S. Supre...

Read More
All Posts

The Amendments

  • Amendment1
    • Establishment ClauseFree Exercise Clause
    • Freedom of Speech
    • Freedoms of Press
    • Freedom of Assembly, and Petitition
    Read More
  • Amendment2
    • The Right to Bear Arms
    Read More
  • Amendment4
    • Unreasonable Searches and Seizures
    Read More
  • Amendment5
    • Due Process
    • Eminent Domain
    • Rights of Criminal Defendants
    Read More

Preamble to the Bill of Rights

Congress of the United States begun and held at the City of New-York, on Wednesday the fourth of March, one thousand seven hundred and eighty nine.

THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Read More

More Recent Posts

  • Supreme Court Clarifies Applicability of First Step Act to Vacated Sentences
  • SCOTUS Rules E-Cigarette Retailers Can Challenge FDA Order in Fifth Circuit
  • Supreme Court Expands Judicial Review of Agency Actions
  • Supreme Court Pauses Order Reinstating CPSC Commissioners

Constitutional Law Reporter Twitter

A Twitter List by S_H_Law

Constitutional Law Reporter RSS

donald scarinci constitutional law attorney

Editor

Donald Scarinci

Managing Partner

Scarinci Hollenbeck

(201) 806-3364

Awards


Follow me

© 2018 Scarinci Hollenbeck, LLC. All rights reserved.

Prior results do not guarantee a similar outcome. Attorney Advertising