
Scientist-astronaut Harrison H. Schmitt stands by the American flag during a moonwalk on the Apollo 17 mission.
In his speech to Republican voters in Cocoa, Florida on Wednesday, Newt Gingrich addressed the issue of what he intends for the future of America’s space program if he is elected president of the United States.
In his commentary, Gingrich promised, “By the end of my second term, we will have the first permanent base on the moon, and it will be American.”
In addition to his desire for a permanent American base on the Moon, Gingrich wants to make the Moon the 51st State in the Union.
In talking about Governor Romney’s opinion of Gingrich’s plans for the Moon, Gingrich told an audience in Cocoa, Fl, “The weirdest thing I have ever done, and I am going to tell you all, because sooner or later his researchers will find it. At one point, early in my career, I introduced the Northwest Ordinance for Space. And I said when we got, I think the number was 13,000, when we have 13,000 Americans living on the Moon, they can petition to become a State.” He went on shortly after that with a promise, “And I will, as president, encourage the introduction of the Northwest Ordinance for Space to put a marker down, that we want Americans to think boldly about the future and we want Americans to go out and study hard and work hard and together we’re going to unleash the American people to rebuild the country we love. ”
There are a few obstacles to Gingrich’s dream to transform the Moon into the 51st State of the Union. Once the issue of financing such an undertaking has been overcome, and the logistics of colonization has been sorted out so that colonists can begin to sign up to be taken to their new lunar homes, there is still the small matter of ownership of the Moon. Can Gingrich promise the American people the Moon?
Nevada entrepreneur Dennis Hope might have something to say about Gingrich’s proposal. Hope is the head of the Lunar Embassy Corporation, and his corporation has sold land to over 3.5 million Lunar land owners.
In 2004 Hope started his own Lunar government to assure the property rights of his customers were protected. Hope claimed in a July 2009 National Geographic article that his government had a ratified constitution, a congress, a unit of currency and even a patent office.
“We’re now a fully realized sovereign nation,” Hope said.
While Hope has expressed his confidence that his claim on the moon is a secure one, the Lunar Embassy Corporation is not the biggest obstacle to Gingrich’s plans.
Beyond the Lunar Embassy is the United Nations Office for Outer Space Affairs (UNOOSA). The UNOOSA website has a PDF version of the United Nations Treaties And Principles on Outer Space which was adopted by the United Nations on December 19, 1966 and entered into force on October 10, 1967.
The formal Agreement Governing the Activities of States on the Moon and Other Celestial Bodies is a part of the treaty and deals with specific concepts included in the 1967 treaty. Adopted on December 5, 1979, it entered into force on July 11, 1984.
Of significance to the issue is Article II of section A of the treaty:
A. Treaty on Principles Governing the Activities
of States in the Exploration and Use
of Outer Space, including the Moon
and Other Celestial BodiesArticle II
Outer space, including the Moon and other celestial bodies, is not subject to
national appropriation by claim of sovereignty, by means of use or occupation, or
by any other means.Article XVII
This Treaty, of which the Chinese, English, French, Russian and Spanish texts
are equally authentic, shall be deposited in the archives of the Depositary Governments.
Duly certified copies of this Treaty shall be transmitted by the Depositary
Governments to the Governments of the signatory and acceding States.
IN WITNESS WHEREOF the undersigned, duly authorized, have signed this
Treaty.
DONE in triplicate, at the cities of London, Moscow and Washington, D.C., the
twenty-seventh day of January, one thousand nine hundred and sixty-seven.
Another, more clearly worded part is to be found in Article 11 of section E:
E. Agreement Governing the Activities of States
on the Moon and Other Celestial BodiesRecognizing that the Moon, as a natural satellite of the Earth, has an important
role to play in the exploration of outer space,Desiring to prevent the Moon from becoming an area of international conflict,
Article 11
- The Moon and its natural resources are the common heritage of mankind, which finds its expression in the provisions of this Agreement, in particular in paragraph 5 of this article.
- The Moon is not subject to national appropriation by any claim of sovereignty, by means of use or occupation, or by any other means.
- Neither the surface nor the subsurface of the Moon, nor any part thereof or natural resources in place, shall become property of any State, international intergovernmental or non-governmental organization, national organization or non-governmental entity or of any natural person. The placement of personnel, space vehicles, equipment, facilities, stations and installations on or below the surface of the Moon, including structures connected with its surface or subsurface, shall not create a right of ownership over the surface or the subsurface of the Moon or any areas thereof. The foregoing provisions are without prejudice to the international regime referred to in paragraph 5 of this article.
The United States entered into an agreement over 40 years ago that the Moon, and all celestial bodies, should belong to all mankind and to all nations. It was recognized in that treaty that no single nation should ever have the capability to lay claim to an area of such significant scientific importance to all mankind.
Given the commitments made by the signing of the UNOOSA treaty, and its specific negation of ownership of the Moon and other celestial bodies, it is difficult to see how Gingrich could promise that the Moon could be made the 51st State of the Union.

