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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]Agencies need to do less

Congress needs to do more.

[/quote]

Congress writes laws that provide the framework and parameters.  But they leave the specifics of implementation up to agencies, through rulemaking.  Rulemakings have to be within the scope of the statutes enacted by Congress.  It would be ineffective for Congress to micromanage that, not to mention that Congress lacks the subject matter expertise to do so.[/quote]

If only it worked that way in reality.

The present cases involve a law where Congress isn't and hasn’t been funding enforcement for decades and so NMFS implemented its own rule for funding it.  I understand the nobility of the cause here. But, at the very least, the courts should NOT be deferring to the agency on how to fund enforcement.  Or are you people really arguing that we need to defer to subject matter experts on funding enforcement?  [/quote]

Suppose a local police force didn't have adequate funding for paying their police officers.  So, they decided that in order to adequately fund their police force, they would simply charge each resident of their district a fee every time a police officer was called.  
That is similar to what is happening here.  [/quote]

We don’t even have to suppose!  We’ve seen this in its nightmare form. Ferguson, MO, shows us what happens when those who execute the laws take it upon themselves to create their own revenue to fund such enforcement.

I’m guessing that all the administrative law dictators in this thread have zero desire to defer to the subject matter experts in the Ferguson, MO police department. [/quote]

The correct fix would be to provide funding to go along with everything that Congress mandates.  There are already way too many unfunded mandates in government.  [/quote]

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