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June 12, 2008

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FrankMCook

I claim no knowledge or experience in this area, but if Congress had created an agency with the power to impose additional duties in geographic areas where the agency determined there was need to do so, wouldn't the Courts give great deference to the agency's findings? Are we going to second guess Congress to a greater extent if it chooses to make the determination directly?

Kimball Corson

An implicit question here is, in the absence of "wholly sufficient" empirical data, must it be that no action should be taken when the consensus judgment of those informed and willing to address the issue clearly agree there is a problem? Data can always be better, available in larger quantities and come from better sources. Where do we draw the line here, especially if a constitutional issue is involved?

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