. >> with leonard e. there. the court was basically saying government could do this because this was the good in congress. as long as it meets a consensual tax, there is a nexus between the government's goal and the regulation then it is okay. is used to fertilize oyster ponds or fertilize the oysters, here they are doing it to maintain prices and giving you whatever is left over on the reserve. >> the fact is oysters belong to the state of maryland and when the state of maryland decides to allow fishermen to harvests -- >> we're in leonard was this? >> i would be happy to file a supplemental brief with the maryland citations' indicating the oysters belong to the state of maryland. >> what the constitution required for the taking was just compensation, not a reasonable nexus a good policy. >> you are not wrong about that. underlying the government's briefs we ask what his position is or characterize their position if you choose. what difference does it make? did you understand that to be the underlying premise i