Statutory silence on a question delegates discretion to the administrative agency.

Evidence

Here the contrast between Congress’s mandate in one context with its silence in another suggests not a prohibition but simply a decision not to mandate any solution in the second context, i.e., to leave the question to the agency discretion. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 898

Categorization

  • corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 898
  • XREF: connects to: Deference to agencies must not abdicate judicial review over policy decisions — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1234; Silence is not simple; reevaluating its constitutional status requires distinguishing it from blankness and recognizing its communicative function. — No Right to Remain Silent: Negative Rights in a Positive-Rights World; A penal statute’s silence on a subject implies no legislative intent to regulate it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 1005 (+1 more)

Broader Connections