One more instance in a long line of that occurred with the recent FCC declaration of the Orwellian-named "net neutrality" rules. I wrote an article some time ago about how any such rules necessarily violate property rights and the right of free trade. Peter Ferrara demonstrates in an American Spectator essay how Obama's thugs are proceeding Chavez-like to demonstrate how much they truly don't care about that.
On April 6, 2010, the U.S. Court of Appeals for the District of Columbia ruled in Comcast Corp. v. Federal Communications Commission that the FCC does not have the power to issue net neutrality regulation.If there is any good option at this stage for businessmen — and us, who trade with them — other than simply ignoring the law, I can't think what it might be. It's that, or passive acquiescence to tyranny. We are now ruled, in fact, by petty dictators unbounded by anything but resource limitations in enforcing their Progressive whims.
Rejecting that reasoning in an opinion written by one of the Circuit's more liberal Judges, David Tatel, the Court had to remind the FCC that "administrative agencies may act only pursuant to authority delegated to them by Congress."
The Court said regarding the FCC's reasoning, "if accepted it would virtually free the Commission from its congressional tether." The Court added that "without reference to the provisions of the [FCC's governing] Act directly governing broadcasting, the Commission's ancillary jurisdiction would be unbounded."
Indeed, the FCC's lawyers suggested to the Court in oral argument that in the agency's view it already has the power to impose price controls and rate regulation on Internet service providers and broadband operators.
Yet, the FCC just flouts this decision in going ahead and issuing its net neutrality regulations by rulemaking last week.