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National Park Service v. National Trust for Historic Preservation in the United States · ¶24

The President ordered the demolition of the East Wing of the White House to make way for a new, privately funded state ballroom in its place. Construction of the ballroom has proceeded apace for the better part of a year. That construction is likely unlawful. Pursuant to its ple- nary constitutional authority over the District of Columbia and federal property, Congress has explicitly prohibited the construction of any “building or structure . . . on any reser- vation, park, or public grounds of the Federal Government in the District of Columbia without express authority of Congress.” 40 U. S. C. §8106. The ballroom is a building or structure being erected on federal park grounds—Presi- dent’s Park—in the District of Columbia. Yet Congress has not passed any law resembling “express authority” for the Executive’s construction of it. The Government points to two statutory provisions in…
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