where did theodore roosevelt get authority to create anti-smuggling strip along southern border in 1907
Theodore Roosevelt's authority to create the anti-smuggling strip along the southern border in 1907, known as the Roosevelt Reservation, came through his presidential powers and a proclamation issued on May 27, 1907. The proclamation reserved a 60-foot-wide strip of public land along the U.S.-Mexico border in California, Arizona, and New Mexico for federal use. Roosevelt justified this action as "necessary for the public welfare" to protect against smuggling and reserved the land from entry, settlement, or other forms of appropriation under public land laws.
The proclamation did not cite specific statutory authority but relied on Roosevelt's executive powers. It was intended to keep the border area free from obstruction and facilitate border security. Texas was excluded from the reservation because it retained control over its public lands upon statehood. This move aligned with Roosevelt's broader policies emphasizing national security and public welfare.
https://www.perplexity.ai/search/where-did-theodore-roosevelt-g-259FMucBQ7qhOlWmKKVZzw
what specific statuatory power did roosevelt use to establish the anti-smuggling zone along the mexican border in 1907
President Theodore Roosevelt established the anti-smuggling zone along the Mexican border in 1907 through a Presidential Proclamation under statutory authority, specifically cited in 35 Stat. 2136. This proclamation created the "Roosevelt Reservation," a 60-foot-wide strip of federally controlled land along the borders of California, Arizona, and New Mexico. The reservation was intended to keep public lands "free from obstruction as a protection against the smuggling of goods between the United States and Mexico" and to strengthen immigration enforcement.
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what authority allowed roosevelt to enact 35 Stat. 2136 in 1907, was it in perpetuity
The authority for President Theodore Roosevelt to issue the proclamation codified as 35 Stat. 2136 in 1907 came from his executive powers, specifically under the general authority granted to the President to manage and reserve public lands for federal purposes. This particular proclamation, known as the "Roosevelt Reservation," created a 60-foot-wide strip of land along the U.S.–Mexico border to prevent smuggling and ensure border security.
The proclamation was not explicitly stated to be "in perpetuity," but it remains in effect unless revoked by a subsequent presidential order or an act of Congress. For example, later executive orders and legislation have referenced this reservation, affirming its continued status unless explicitly altered.
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why has roosevelt 35 Stat. 2136 of 1907 been allowed to remain in effect in perpetuity
The Roosevelt Reservation, established by Theodore Roosevelt in 1907 under Presidential Proclamation (35 Stat. 2136), has remained in effect because it serves a critical purpose in maintaining border security and preventing smuggling along the United States-Mexico border. This 60-foot-wide strip of federally owned land along the border in California, Arizona, and New Mexico was reserved to ensure public lands remained "free from obstruction" for customs and immigration purposes.
Its perpetuity is supported by the absence of any legislative or executive action to revoke the proclamation. Executive Order 5462 further reinforced the reservation's utility for customs and immigration inspections and stated that it would remain in effect unless explicitly revoked by Congress or a President. Additionally, its relevance has been reaffirmed over time, including recent utilization to expedite border wall construction and enhance security measures.
https://www.perplexity.ai/search/why-has-roosevelt-35-stat-2136-rNPPfYUeT4WZYvKvF47Rhw
roosevelt 35 Stat. 2136 of 1907 illustrates why executive orders should have time frame restrictions
The 1907 proclamation by President Theodore Roosevelt (35 Stat. 2136), known as the Roosevelt Reservation, illustrates why executive orders might benefit from time frame restrictions. This executive action reserved a 60-foot-wide strip of public land along the U.S.-Mexico border in California, Arizona, and New Mexico to prevent smuggling and maintain border security. While it served an immediate purpose, the lack of a defined expiration or periodic review has allowed it to persist indefinitely, impacting policies like border wall construction over a century later.
Reasons for Time Frame Restrictions:
Lack of Sunset Clauses: The Roosevelt Reservation remains in effect without reevaluation, creating long-term implications that may no longer align with current needs or priorities. For instance, it facilitated modern border wall construction without requiring new legislative approval.
Evolving Contexts: Executive orders often address specific circumstances that may change over time. Without a review mechanism, outdated orders can conflict with contemporary policies or legal frameworks.
Checks and Balances: Time limits would ensure periodic reassessment by Congress or subsequent administrations, preventing unchecked executive authority from shaping policy indefinitely.
This case highlights the importance of incorporating mechanisms like sunset clauses or mandatory reviews into executive actions to maintain their relevance and alignment with evolving public interests.
https://www.perplexity.ai/search/roosevelt-35-stat-2136-of-1907-c_Nz4Tr9SRu0esPKCcVr7g
Image: The Atlanta Journal, 30 May 1907, p. 13
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