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This “silent on” meme is clever, but it doesn’t quite work when the entire framework of regulatory law relied on the agencies to adapt to circumstances that eve
by 39896880 2y ago
This “silent on” meme is clever, but it doesn’t quite work when the entire framework of regulatory law relied on the agencies to adapt to circumstances that everyone knows will change. In fact, your point strengthens that idea: why would anyone with any working knowledge of how regulations work expect the law to need changing to cover every type of fish when the overfishing situation is by definition dynamic? This is the purpose of the “necessary and appropriate” clause.
This isn’t even an example text vs. spirit. Congress wrote the law to cover this.
- stackskipton 2y agoI don't know what you are even going on about. Necessary and Proper Clause does not say what you think it means. Necessary and Proper Clause in this case says Congress could legislate in this area and they did until budget cuts made it till they couldn't. Then Executive stepped in and said "Industry will pay for it", they sued and here we are. Just like IRS pays for tax auditors. Congress could still step in here and just make it clear "All monitors shall be funded by fee set by Government." and party over. I'm not sure why Congress didn't do that originally with this law.