bull-in-a-china-shopThe Executive Branch of our federal government – is huge. Made up of many, many agencies, departments, commissions and boards. The Barack Obama Administration has, these last nigh eight years, put its many Leviathan arms to work expanding ever further the government’s reach.

The Constitution established three co-equal branches of government. A separation and balance of powers – in large part to rein in just this sort of thing. The Legislative (Congress) and Judicial (the courts) Branches are to assert their claims to their respective turf when the Executive intrudes upon it.

(We less government types have been more than a mite disappointed in these branches and their lack of Constitution-and-turf-protecting efforts. For years – and for decades.

Sometimes an Executive Branch agency is so overactive – another Executive Branch agency calls them on it.

So it now is with the Federal Communications Commission (FCC)’s cable television set-top-box overreach:

“The U.S. Copyright Office has joined the list of parties expressing concerns with FCC Chairman Tom Wheeler’s plan (for)…the leased set-top box market….(T)he Copyright Office voiced concerns that the FCC’s proposed rules to open up the pay-TV set-top market to third-party vendors like Apple and Google would interfere with programming deals and lessen copyright holders’ ability to properly license their content.”

The Copyright Office is concerned the FCC’s power grab will eviscerate copyright holders’ rights – which is exactly with what the Copyright Office concerns itself. It’s their turf.

When another department of your branch of government thinks your plan stinks on ice – just how from the path have you strayed?

But it ain’t just the Copyright Office – it’s joined “the list of parties expressing concern.” Whom, pray tell, is that? Well, for starters – us:

“The agency about to undermine our intellectual property rights right this go round is the Federal Communications Commission (FCC). The FCC…will prop up the dying set-top-box market so as to allow cronies like Google to have free access to copyrighted television content….Protecting that content is a huge deal for its creators – which is why they demand such stringent protections in the contracts they negotiate with cable companies.”

“The list of parties” indeed:

Everyone Loathes The Latest Obama Power Grab – Except Google, And That’s All That Matters

(At this point, I bet you can guess Google isn’t on “the list of parties.”)

Incidentally, this isn’t the first time the Obama Administration has chastised for overreach – the Obama Administration. It isn’t even the first time the chastise-ee – is the FCC.

When the FCC power grabbed the Internet with regulatory reclassification and Net Neutrality – it took turf that already belonged to the Federal Trade Commission (FTC).

“In November 2014, President Obama called on the FCC to reclassify broadband as a Title II common carrier service. The FCC’s subsequent 2015 Open Internet Order did so. As a result, the FTC’s jurisdiction over ISP (Internet Service Provider) practices may now be limited.”

Get that? The FCC didn’t think the FTC was regulating enough. So the FCC power grabbed from the FTC – so as to then over-regulate us even further.

And the FCC thus far appears to be flat-out ignoring the copyright experts at the Copyright Office – so as to execute yet another power grab.

When you’re a full panoply of agencies over-regulating this much, this frequently – you’re inevitably bound to bump into one another.

The FCC is so spastic – it’s the bull in the Executive china shop. It’s knocking over everyone’s everything.

And the aggrieved agencies – are pushing back. Fighting to keep intact their regulatory turf.

If only the Legislative and Judicial Branches were likewise so enthusiastically inclined.

This first appeared in Red State.


Your email address will not be published. Required fields are marked *


  1. steve blades

    although all stated above is true …lets not take away from the GOP who have done just as much and even helped the dems achieve their goals of destroying the constitution…

    so both parties are enemies of the Constitution by their actions and words!!!!

  2. Lynn Bryant DeSpain

    As our Constitution did not allow for Political Partys, nor their effect upon the Laws of our Constitution, nor the Will of the People, all three Branches of our Federal System has corrupted itselves.
    As they are all barrels of rotten apples, from two seperate sources of power ideals, Democrat and Republican, all elected and appointed reach their office tainted and with no choice but to spoil and become of no use for the consumption of the ideals of the Founding Fathers, and this Republic.
    To call yourselve Republican, Democrat, Conservative, or Liberal, displays only ignorance, and a willingness to allow control to puppeteers. To know your Declaration of Independence, your Constitution, and your Bill of Rights, and then to compare this to a candidates knowing of these, represents a, “Free Choice.”
    With Free choice and wisdom, over violence, can change occur.