Advancing American Freedom led a coalition of 26 other amici fighting against the private exercise of a taxing power the government does not have. To carry out the power delegated to it by Congress, the Federal Communications Commission (FCC) established the Universal Service Administrative Company (“USAC”), which among other things, issues what is effectively a tax to implement the Universal Service program the FCC administers. Because the USAC is a private company, Congress’s exclusive power to tax is being exercised not merely by unelected bureaucrats but by unelected private parties. Such a scheme is not novel, but it is unconstitutional, as AAF argued in its amicus briefs in consolidated cases FCC v. Consumers’ Research and Schools, Health & Libraries Broadband Coalition.
“For a century, the unelected and unaccountable administrative state has accreted legislative power, some of which belongs to Congress under Article I of the Constitution but much of which is outside even the ambit of Congress’s authority,” said AAF General Counsel J. Marc Wheat. “A ruling against the FCC in this case would be an important step back in the direction of constitutional rule of law.”
