19
support to either the “enhancement” theory or “compensation”
theory. The president does not try to use his unilateral power
of monument proclamations to enhance his power in Congress nor
does he use the power to compensate for a highly partisan
political environment. He uses it to pursue a policy goal.
Although President Clinton and Carter faced opposition when
they issued monument proclamations they may not have exercised
their power in reaction to political resources or political
environment. For instance, Carter chose to issue monument
proclamations in Alaska because the protection order for the
lands was about to expire. The actual expiration date was the
determining factor for Carter’s exercise of unilateral power.
The lame duck variable is the only statistically significant
variable in the model. The empirical model shows that only during
a president’s lame duck year does he feel free to use his
authority under the Antiquities Act. Presidents may feel that
they will not face political consequences for their increase use
of monument proclamations because they are ineligible for re-
election. Moreover, they can leave an environmental legacy.
The statistical significance of the lame duck variable
supports compensation theory. It does demonstrate the relevance
of lame duck presidents. The courts have upheld the president’s
right to issue monument proclamations. The fact that presidents
overwhelmingly choose to issue them at the end of their tenure
brings into question the lameness of presidential power.
Conventional wisdom argues that lame duck presidents are
weak and unimportant. However, Presidents Clinton, Johnson, and
Convention