Federal Communications Commission Reforms Needed to Promote the Rule of Law

A bedrock element of the American constitutional system is the principle of the rule of law, which holds that the law is superior to and therefore binds the government and all of its officials. The rule of law principle recognizes the obligation of the government to limit itself by taking actions that are clear and predictable and avoiding delay, consistent with constitutional and other legal obligations. Recently, however, the Federal Communications Commission has taken a number of actions that are inconsistent with the rule of law principle. By ignoring the fundamental duty that the government owes its citizens, the FCC’s actions are undermining public accountability for federal agencies. Accordingly, Congress should weigh major statutory reforms to rein in the FCC—reforms that will advance the rule of law and promote America’s economic well-being.

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