“Solutions” Without Problems

A ban on “competitive” Greyhound activities has been added to the House agriculture bill.

▪️WHAT’S THE PROBLEM?

It’s not clear what “problem” this is supposed to fix, as there are only two greyhound tracks left in the US — both in West Virginia.  This feels like the Grey2kUSA organization looking for a reason to exist, a bit like March of Dimes  after polio was eliminated.

▪️ONE HOUSE CANNOT DO IT

There does not appear to be a Senate analog.  The Senate would have to add and pass identical language for this to become law. I can find no parallel senate bill or language.  Something to look for.

▪️POORLY DRAFTED LEGISLATION

The intent seems to be to ban greyhound gambling events nationwide, but gambling laws are state-based, not federal, as far as I know.  The work-around here is to cite interstate activity (i.e. the commerce clause of the US Constitution, Article I, Section 8, Clause 3), but again this is problematic as there are very few restrictions on human movement or legal commerce, and the general rules of federalism proscribe them.  The only exception that springs to mind is the Mann Act, aka the “White Slavery Act,” which leans heavily on the 13th Amendment of the US Constitution, which covers neither dogs nor wildlife. 

▪️HUNTING LAWS ARE STATE LAWS

Another issue is that almost all US hunting laws are state-based, not federal.  I am against competitive hunting for trophies, but this is legal in many states for coyote, prairie dogs. etc.  The feds can (and do) protect endangered species, and certain migratory birds, but all other instances that I know of are governed by state law.

▪️NON-GERMANE AMENDMENTS ARE BAD

As a general rule, adding non-germane amendments to appropriations bills is discouraged, as it’s “Betty Bar the Door” if you allow it.  In general the “Christmas Tree” phenomenon is a signal that the amendment has very weak support and could not survive scrutiny on its own.  A tight or “closed” rule on reconciliation tends to strip off these kinds of extraneous barnacles, and is the general rule used when large budget- and appropriations-related laws are before Congress.

▪️▪️▪️To read the legislative language >> 

https://www.congress.gov/bill/119th-congress/house-bill/5017/text?