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** Our amicus brief in FCC v. Consumer Research could change the amount of tax that appears on your phone bills.
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Here's a chance to write another amicus brief that could change the world.
Once again, the issue is the non-delegation doctrine. Non-delegation is about the constitutional separation of powers, just like our Write the Law Act ([link removed]) and our recent landmark victory ([link removed]) in the Loper Bright case (last June).
The non-delegation doctrine states that each branch of government has a power or set of powers delegated to it by The People, and one branch cannot transfer its power to another branch.
Yet delegation became a real problem with the New Deal, and it became a tsunami after the Chevron decision. Thankfully, you helped overturn Chevron with our amicus in the Loper Bright case.
Now, the pathway is paved, and it's a sweet downhill ride for us to tackle all the cases in which Congress and the bureaucracy are still requiring us to answer this question…
** Can one branch of government delegate its powers to another?
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This time, the "delegation" is even more egregious!
The question in FCC v Consumer Research is shocking! This one has three levels. Ready?
LEVEL ONE: If Congress has delegated an Executive Branch bureaucracy the power to tax private businesses...
LEVEL TWO: Can that bureaucracy delegate the authority to levy and collect the tax to a private entity?
LEVEL THREE: Can that private entity then collaborate with the companies benefitting from the tax to decide how much of your money they should get?
What the...?!
Of course, politicians and bureaucrats love to abuse language. In this case, they don't call it delegation, and they don't label their activity as a tax. But you should decide for yourself what the truth is!
** Here's the story of FCC vs Consumer Research
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Congress wants everyone in the country to have access to phone and internet, pretty much no matter where they live.
Congress calls this goal "universal service."
But it doesn't make the customers who benefit most from the service pay the costs.
Instead, Congress wants to charge service providers a fee that they can pass on to their customers, even if most of those customers don't benefit from the universal service program.
In other words, people who live in cities must pay for the people who live in the countryside.
But Congress doesn't determine how much that fee should be. Or the way we would word it...
Congress doesn't legislate how much that TAX should be!
Instead, Congress delegates the power to set the amount of that tax to unelected bureaucrats working at the FCC!
However, the FCC doesn't actually collect or even set the tax, as it is supposed to do. Instead, it has delegated (hired) a private organization to do that for them and take a cut.
Then, that private service collaborates with the companies that will be paid to extend service to the outer realms to decide how much of your money they can take to pay for that.
This is the universal service charge you see in the details on your phone bill.
In other words, at the final stage of delegation, the phone companies help decide how much your tax is going to be.
- Can you see the levels of delegation here?
- Do you think it's right?
- Do you want to do something about it?
** You can strike down a tax!
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Does it seem beyond your power to change? You have already made an impact on this delegation issue.
You have helped get legislation about it introduced in Congress, and the issue has been taken up by the Supreme Court. Then...
You funded an amicus brief that helped overturn the Chevron doctrine in the Loper Bright case. That decision (June 28, 2024) eradicated the requirement that judges defer to bureaucratic interpretations of congressional intent when determining the law.
That victory closed a major loophole that encouraged unelected bureaucrats to usurp power from the legislative branch. But it gets better…
Right alongside that landmark, the Supreme Court rendered two related decisions, each further undermining the ability of one branch of government to delegate its powers to another. Those decisions were...
* Corner Post, Inc. v. Board of Governors of the Federal Reserve System (July 1, 2024)
* SEC v. Jarkesy (June 27, 2024)
We're on a roll!
Clearly, the Supremes are now interested in this issue and likely ready to do something about it!
That means you could strike another blow against delegation and win another victory!
Will you help us file an amicus brief in the case FCC v. Consumer Research?
There is no limit to how much you can donate to our amicus brief program. We need at least one, two, or three persons to get us to the first $2,000.
Then, we will also need contributions of all sizes. The average contribution is normally $76, but any amount you give will help. You can also start a monthly pledge.
I Support the Brief ([link removed])
One of my greatest pleasures is reporting back to you on the results of these briefs because I can often bring you good news. I would like to do that again with this case, if we can have your donation to fund the brief.
Note: We're requesting your support via Downsize DC Foundation's "Zero Aggression Project." By using the ZAP form, your donation can be tax-deductible.
Thank you in advance for your participation!
Set your own agenda,
Jim Babka, President
Agenda Setters by Downsize DC
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** Today's Action: Contribute to fund an amicus brief in the case FCC v. Consumer Research ([link removed])
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