FCC v. Consumers’ Research
View Official PDFBelow are plain-language sections to help you understand what the Court decided in FCC v. Consumers’ Research and why it matters. Quotes are taken from the syllabus (the Court’s short summary at the start of the opinion).
Summary
A short, plain-English overview of FCC v. Consumers’ Research.
The Supreme Court addressed whether the FCC's universal-service contribution scheme violates the nondelegation doctrine. The Court examined Congress's delegation of authority to the FCC and the FCC's reliance on the Universal Service Administrative Company. Ultimately, the Court found that the scheme does not violate the nondelegation doctrine.
Holding
The single most important “bottom line” of what the Court decided in FCC v. Consumers’ Research.
The Court held that the universal-service contribution scheme does not violate the nondelegation doctrine.
Constitutional Concepts
These are the Constitution-related themes that appear in FCC v. Consumers’ Research. Click a concept to see other cases that involve the same idea.
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Why Nondelegation is relevant to FCC v. Consumers’ Research
The case primarily addresses whether the FCC's universal-service contribution scheme violates the nondelegation doctrine.
Syllabus excerpt (verbatim)Held: The universal-service contribution scheme does not violate the nondelegation doctrine. Pp. 672–698.
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Why Administrative Law is relevant to FCC v. Consumers’ Research
The case involves constitutional limits on agency authority, specifically the FCC's authority and its delegation to the Universal Service Administrative Company.
Syllabus excerpt (verbatim)The Fifth Circuit founded that theory on Free Enterprise Fund v. Public Company Accounting Oversight Bd., where this Court struck down a statute because it gave an executive officer two 'layers of protection' from the President's removal authority.
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Why Spending Power is relevant to FCC v. Consumers’ Research
The case involves Congress's authority to tax and spend for the general welfare through the Universal Service Fund.
Syllabus excerpt (verbatim)Section 254 directs the FCC to collect contributions that are 'sufficient' to support universal-service programs.
Key Quotes
Short excerpts from the syllabus in FCC v. Consumers’ Research that support the summary and concepts above.
The universal-service contribution scheme does not violate the nondelegation doctrine.
Congress must make clear both 'the general policy' the agency must pursue and 'the boundaries of [its] delegated authority.'
The Court rejects the argument that universal-service contributions are taxes requiring a special nondelegation rule.
