Five Democratic lawmakers, as well as Maine’s Sen. Angus King (I), have filed an amicus brief in the lawsuit against President Donald Trump (R) over his plan to construct a 250-foot commemorative arch across from the Lincoln Memorial.
The president announced his intention to pursue building “Independence Arch” during an October gathering at the White House for those who provided financial support to the $400 million ballroom project.
“We really need it,” President Trump said of the arch. “The United States is the greatest and most powerful nation on earth, and American presidents need to be able to host events at the White House that reflect the demands of the time, and that can… carry out the prestige of what we’re all doing.”
“Every time somebody rides over that beautiful bridge to the Lincoln Memorial, they literally say something is supposed to be here,” Trump added.
This project faced almost immediate pushback, however, as critics raised concerns over its legality.
Three veterans and an architectural historian filed a lawsuit against the president in early February in an effort to stop the arch’s construction, questioning whether the president has the authority to green-light projects on federal land in Washington, D.C., without congressional approval.
They also suggested that the arch would “[obstruct] a line of sight that was designed to represent the unification of the Nation following the Civil War and that has existed for nearly a century.”
Click Here to Read the Full Complaint
Under the Commemorative Works Act (CWA) and 40 U.S.C. § 8106, express authorization from Congress is needed before any monument or structure is built on federal reservations, parks, or public grounds in the nation’s capital.
Sen. King submitted an inquiry to the Congressional Research Service (CRS) regarding the legality of Trump’s plan to build Independence Arch and was told that the CWA “would appear to govern the construction of the arch.”
“Likewise, § 8106 would appear to require congressional authorization to construct a memorial arch in Memorial Circle,” CRS explained.
Since being enacted in 1986, the CWA has facilitated the approval of over 40 projects. Under this law, commemorative works are subject to expert commissioning requirements and multiple rounds of review.
“This is a straightforward example of checks and balances, and an exercise of Congressional authority – the Commemorative Works Act could not be clearer: any structure on grounds like this must be approved by Congress on behalf of the American people,” King said in a statement Monday.
“Whether it is an arch, an obelisk, a ballroom, or a statue,” King added, “this is a decision that cannot be made unilaterally when it is on public lands and protected by statute.”
In their amicus brief, King and his Democratic colleagues refer to the president’s plan to construct Independence Arch as an “impulsive, unilateral decision.”
“Permitting that Arch to be built without appropriate congressional authorization and review could lead to the unchecked proliferation of monuments, the erosion of public space, and serious constraints on future generations’ ability to memorialize their own losses and achievements,” the brief argued.
“Even more importantly,” the lawmakers continued, “permitting the Executive to bypass the statutory approval processes would effectively nullify the CWA and Section 8106, undermining the rule of law and the separation of powers.”
“Washington, D.C., is not the President’s backyard to renovate, relandscape, and build in as he sees fit,” they said.
Click Here to Read the Full Amicus Brief
The White House has pushed back on these concerns, focusing instead on the merits of the project itself.
White House spokesperson Davis Ingle said in remarks shared with national news outlets that the arch would be “one of the most iconic landmarks not only in Washington, D.C., but throughout the world.”
“It will enhance the visitor experience at Arlington National Cemetery for veterans, the families of the fallen, and all Americans alike, serving as a visual reminder of the noble sacrifices borne by so many American heroes throughout our 250-year history so we can enjoy our freedoms today,” Ingle said.
The lawsuit against the president is currently pending before a federal court in Washington, D.C.
