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The Man Behind the Crony Machine

A key Barack Obama Administration legacy item is its wanton abuse of the Constitution’s separation and balance of powers. No Executive Branch in history has spent more time pretending to be the Legislative Branch – writing regulations where the requisite preceding law doesn’t exist.

As this Administration’s time runs down – its minions ramp up these unilateral power grabs. As the grabs get larger and more obnoxious – more and more people oppose them. President Obama’s Federal Communications Commission (FCC) has with its latest proposed heist created just this sort of nigh total opposition – their looming set-top-box mandate.

Does the FCC have the legal authority to do this? It’s pretty clear the answer is No. The law under which the FCC just about always operates is the 1996 Telecommunications Act – until very recently a law recognized by just about everyone to be a deregulatory document. Meaning its intent was to get and keep government out of the way of things like television and the Internet.

But this Administration has turned this mandate on its head – and bizarrely warps the law into bizarrely “justifying” power grab after power grab. So too it is with this set-top-box seizure. More