MAWS Act of 2026

Enumerated powers · passes

Congress has authority under Article I, Section 8, Clause 3 (Commerce Clause) to regulate activities affecting interstate commerce, including fisheries and invasive species management in navigable waters like the Chesapeake Bay. Additionally, Article IV, Section 3, Clause 2 (Property Clause) gives Congress power over federal lands and waters. NOAA's involvement in a voluntary purchase program for an invasive species falls within these enumerated powers.

Bill of Rights · passes

The bill imposes no restrictions on speech, religion, assembly, press, petition, arms, quartering, search and seizure, self-incrimination, due process, fair trial, jury, cruel and unusual punishment, or any other right protected by the Bill of Rights. It creates a voluntary program that watermen may choose to participate in or not.

Individual liberty · passes

The bill does not restrict any individual's control over their person, property, speech, labor, or belief. Participation is entirely voluntary for watermen and seafood processors. The government is not compelling anyone to sell or buy blue catfish; it is merely facilitating voluntary transactions. This respects individual sovereignty.

Decentralization · passes

The program addresses an interstate environmental issue (invasive species in a multi-state watershed) that individual families, local communities, or even single states cannot effectively manage alone. The Chesapeake Bay spans multiple states, making federal coordination appropriate. The bill does not consolidate decision-making upward unnecessarily; it involves nonfederal partners and respects state and local roles.

Due process and takings · passes

The bill does not deprive anyone of life, liberty, or property without due process. It does not take private property for public use without just compensation. The program is voluntary and involves no coercion or seizure. All participants enter agreements freely.