Comment Re: Authority (Score 1) 234
That, at least is how I understand the legal theory. I do not think the Framers of the Constitution would agree. I am certain they would not approve of Congress delegating so much of their authority.
It would be impractical for Congress to operate at the level of detail overseen by the various commissions and authorities.
Which indicates that it was the intention of those who wrote the Constitution that the Federal government not attempt to do so. If you read the various writings of those people you will discover that they thought the federal government should not get into such detail. If anything required close detail, those who wrote the Constitution thought that the laws regulating it should be written by those close to that actual detail.
Having said that, the question that remains is whether Congress can delegate their lawmaking authority to some government bureaucracy.
More importantly, has Congress delegated their authority over this specific issue to the FCC? Of course, as has been demonstrated on the issue of illegal immigration (and several other issues as well), we no longer have a government of laws. The law is now whatever the President (and, in more and more cases, the bureaucrats who theoretically answer to him) says it is. Which means that it can change from day to day and person to person.
It's a naive, domestic operating system without any breeding, but I think you'll be amused by its presumption.