![Michael Lantz [Public domain or Public domain], via Wikimedia Commons](https://www.tellusventure.com/images/2017/5/man_controlling_trade.jpg)
Who’s controlling whom?
This week’s decision by the federal appeals court in Washington, DC to stand by an earlier ruling that okayed the Federal Communications Commission’s reclassification of broadband as a common carrier service contains an interesting warning to the Trump administration and current FCC chair Ajit Pai. Judge Janice Brown, who dissented and argued that the FCC order was illegal, lambasted off the record interference by the white house in regulatory processes…
If the means by which the President seeks to shape the agency’s deliberations transgress legal procedures designed to ensure public accountability — like notice-and-comment requirements and rules regarding ex parte communications — he undermines the accountability rationale for confining executive Power to the President…Acting with concern for public accountability seems especially salient when the President “and his White House staff” seek to exert influence over the direction of an ostensibly-independent agency…
This Order shows signs of a government having grown beyond the consent of the governed: the collapsing respect for Bicameralism and Presentment; the administrative state shoehorning major questions into long-extant statutory provisions without congressional authorization; a preference for rent-seeking over liberty.
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