How is the FCC constitutional?

[Fountain79]

What are the precedents that allow it to exist. It just seems odd to me that an unelected body has a huge sway over what we can read and see.

[Redstone]

1. They don't. You can order any channel you want on cable, or get a

satellite radio, and there are no limits.

Redstone

[rwenos]

2. FCC Created by Act of Congress

Congress has extremely broad authority to legislate under the Commerce Clause. (Art. I section 10, I think, "Congress shall have power to pass laws . . . affecting interstate commerce.")

Most of the Executive Branch agencies were created by acts of Congress. My Dad (a retired high school goverment teacher) used to call the Executive Agencies "the Fourth Branch" of the federal government.

[ramapodem]

9. Can't forget the elastic clause also

[The Velveteen Ocelot]

3. The "delegation doctrine."

Adminsitrative agencies like the FCC and the IRS and all the rest of them were created by acts of Congress, which delegated to them the power to create regulations that have the force and effect of law, although technically they are part of the executive branch. This delegation of power has been ruled constitutional ages ago (I don't remember the names of the cases). Constitutional requirements of due process are protected by the Administrative Procedures Act, which requires notice and hearings for the enactment of regulations.

[SensibleAmerican]

7. Bingo

n/t

[northernsoul]

4. Interstate Commerce Clause

Gives Congress jurisdictional power over the public airwaves. Congress is able to create administrative bodies with a mandate to carry out a congressionally mandated regulatory goal for them so that Congress doesn't have to micromanage every area that they have the power to legislate upon. The FCC is just as constitutional as OSHA, FDA, VA, and all the rest of alphabet soup. There's lots of unelected bodies out there with huge sway over all kinds of areas of our lives. Mostly for the better, when they're actually doing their jobs right. Much for the worse when they've overrun by political flacks out to push an agenda - which appears to be the case right now.

[originalpckelly]

5. They don't have the right to exist...

just like half of our government. Our Constitution was simply not made to handle this large a government. I think we may need a Constitutional Convention soon.

[The Velveteen Ocelot]

6. This is not a good time to call a constitutional convention.

The wingnuts would gut the Bill of Rights and we'd wind up with something much worse than we have now.

[originalpckelly]

11. Who says we have to invite them?

:shrug:

[Demeter]

8. Right Now There Isn't Anything Constitutional In DC

with the exception of that goddamned piece of paper.

[Skip Intro]

10. Just be happy you're free

and stop asking questions!

:sarcasm:

[StellaBlue]

12. I've wondered this myself.

Excellent thread.

[Semblance]

13. Commentary

Here is some commentary on the delegation of legislative powers:

http://www.gpoaccess.gov/constitution/pdf2002/011.pdf

[Bjorn Against]

14. Good question, and I think some people may have missed your point

Yes the FCC has the constitutional right to regulate interstate commerce, and I think we all can agree that there is nothing unconstitutional about many of the things they do (preventing interference with radio signals etc.). However, some of their censorship policies do seem unconstitutional on their face. Of course there have been several judges who disagree with me, but I think their rulings are bad interpretations of the first ammendment.