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FPC Supreme Court Brief Argues Against Agency Lawmaking

Mark Chesnut - comments 36 comments

A gun-rights organization has filed a brief with the U.S. Supreme Court arguing that federal enforcement agencies under the executive branch do not have the authority to make federal laws, only enforce them.

The case FCC v. Consumers’ Research is set to address the question of when and how Congress may delegate its authority to administrative agencies. While the case addresses rulemaking by the Federal Communications Commission, the ruling will be important to gun owners and a number of lawsuits filed against the DOJ and ATF for rulemaking during the Biden Administration.

The Firearms Policy Coalition filed the brief with the Supreme Court on February 18 arguing that the case is relevant to reigning in unfettered power against firearm ownership by federal agencies.

“Amici have a particular interest in this case for two reasons. Amici litigate cases in federal court around the country, and the question added by the Court concerning the availability of mootness exceptions is of great importance to Amici,” the brief explains, as “firearms cases frequently risk becoming moot, and the contours of the mootness doctrine are thus extremely important to Amici. Of even greater import to Amici is reigning in unconstitutional delegations of legislative power. Individual liberty, including the right to keep and bear arms, is routinely violated under the guise of broad delegations to administrative agencies.”

As the FPC pointed out in the brief, the Founders included the separation of powers within the Constitution on purpose and deliberately granted those powers to Congress, not the executive branch.

“The Framers of the Constitution could have easily chosen language that did not create a continuing obligation, such as ‘the legislative powers herein granted are given’ or even ‘the legislative powers herein granted are hereby vested,’” the brief explained. “But the Framers instead chose a future-tense verb that created a permanent obligation for the ‘legislative Powers herein granted’ to be vested in Congress. The Framers’ choice to keep all ‘legislative’ powers in the legislature was neither groundbreaking nor accidental. It reflected a long-settled principle in English and Colonial law that the executive could not exercise inherently ‘legislative’ powers.”

The brief also asks that the Supreme Court affirm the 5th Circuit Court ruling that specified only Congress can make such laws, FPC President Brandon Combs said in a press release announcing the brief.

“The Supreme Court should affirm the Fifth Circuit’s ruling in this case and make clear that only Congress can make federal law,” Combs said. “Congress may not continue to unconstitutionally delegate its law-making power to federal agencies like the ATF to abuse peaceable gun owners throughout the United States.”

FPC Action Foundation President Cody J. Wisniewski summed up the matter best.

“This case presents the Supreme Court with an opportunity to correct course and restore the protections that are inherent in the Constitution through our Nation’s separation of powers,” Wisniewski said.

36 thoughts on “FPC Supreme Court Brief Argues Against Agency Lawmaking”

  1. Sadly, it seems we have a dishonest and incompetent administration with a convicted felon as president. Or is our President actually Elon Musk?

    “Musk’s DOGE website removes billions from claimed government savings

    The initiative, which Musk has touted as a radical shake-up of federal spending and enjoys a rather near-unchecked authority by President Donald Trump, initially boasted $16.6 billion in savings.
    By: Express Web Desk
    February 26, 2025 19:40 IST

    Elon Musk’s cost-cutting initiative – Department of Government Efficiency (Doge), is facing fresh scrutiny after quietly deleting its five largest claimed “savings” from its much-publicized “wall of receipts”.
    The initiative, which Musk has touted as a radical shake-up of federal spending and enjoys a rather near-unchecked authority by President Donald Trump, initially boasted $16.6 billion in savings. However, following revelations of major accounting errors, the listed savings have now dropped to $9.6 billion.
    The most glaring mistake was an $8 billion “saving” attributed to Immigration and Customs Enforcement (ICE). The New York Times pointed out that ICE’s entire budget is approximately $8 billion, meaning the actual cut should have been recorded as $8 million—a discrepancy that has since disappeared from the site.
    Another blunder involved a supposed $1.9 billion Treasury Department cut, which was actually the cancellation of a contract under Joe Biden’s administration last year.“

    Reply
    • What does your comment have to do with the article content?

      Democrats have been reduced to crying about getting rid of government waste and inefficiency. Sad!

      “I should say we’ll also make mistakes. We won’t be perfect. But when we make mistakes, we will fix it very quickly,” Musk said.

      DOGE’s total estimated savings are $65 billion…

      Dem response: “Nooo!!!” *screams at sky*

      Reply
      • Dude. You don’t understand. The looting of the treasury has stopped. That really pisses miner and ilk off.

        And yes. Trump is a convicted felon. His sentence? Four years in the oval office.

        I guess Musk is, in the eyes of the corrupt dems, president. After all, they thought it was normal for hunter, jill and others to be propping up a drug and age addled old man and calling him President.

        Reply
        • There does come a point where his broken bitching begins to sound pleasing as it clearly indicates he has nothing left but empty talking points that are so unpopular they fail to exist outside of legacy media with viewers numbering around the population of North Dakota.

          Reply
          • He’s making and sticking with the same mistakes that ended the biden crime family’s rule. He’s the very definition of that old saying that doing the same thing over and over and expecting different results is the definition of insanity.

            Fascinating.

          • “nothing left but empty talking points“

            All you have is empty claims, without any substantiation or evidence to back up your assertions.

            I post links to actual source documents and credible reporting that shows the incompetence of President Musk’s team, that has carelessly fired nuclear security personnel critical for Americas security.

            “Fired and rehired: the dizzying confusion of Trump’s government overhaul
            By Timothy Gardner, Leah Douglas, Tim Reid and Valerie Volcovici
            February 21, 20253:09 PM EST

            WASHINGTON, Feb 21 (Reuters) – Federal workers responsible for America’s nuclear weapons, scientists trying to fight a worsening outbreak of bird flu, and officials responsible for supplying electricity are among those who have been accidentally fired in President Donald Trump’s rush to lay off tens of thousands of workers.
            In an about face, the Trump administration is now rushing to rehire hundreds of these workers, revealing in the process how chaotic and potentially dangerous the rapid dismantling of the U.S. federal bureaucracy has been, labor union officials and governance experts told Reuters.”

            Musk and Trump are exhibiting atomic level in confidence for all the world to see.

            And now Donald Trump is channeling Chamberlain’s policy of appeasement.

            “Instituted in the hope of avoiding war, appeasement was the name given to Britain’s policy in the 1930s of allowing Hitler to expand German territory unchecked. Most closely associated with British Prime Minister Neville Chamberlain, it is now widely discredited as a policy of weakness.“

            Yep, deep in the heart of every bully is weakness.

          • @Mynr49r (AKA ‘Miner49er’, AKA ‘Missy12’)

            “I post links to actual source documents and credible reporting that shows the incompetence of President Musk’s team, that has carelessly fired nuclear security personnel critical for Americas security.”

            100% false.

            You posted no links at all. What you posted was a copy-n-paste of an article, one that was falsely disingenuous to begin with.

            But lets look a little further at your comment, this: “that has carelessly fired nuclear security personnel critical for Americas security.””

            First, no one was actually fired – at first: They were placed on administrative leave, the ones that were worth keeping (had actually been doing their jobs) were allowed to keep their jobs. So, there was no “carelessly fired nuclear security personnel critical for Americas security” – it was very carefully curated and who they fired where the ones that were actually not doing their jobs, were incompetent and instead pushing DEI or wasting resources to push DEI, and by not doing their jobs were endangering ‘Americas security’.

            I gotta wonder why you would want ‘Americas security’ endangered Mynr49r. But knowing you are a just another common mentally ill violent radical left wing moron, I guess I’m not wondering too much.

          • The bird flu that is solely responsible for high egg prices? Every empty talking point you use further undermines your rantings.

          • “The bird flu that is solely responsible for high egg prices?“

            Your amnesia is significant, you somehow have completely forgotten the campaign talking points of Donald Trump:

            “Trump White House puts onus for skyrocketing egg prices on Biden
            Christian Datoc, Washington Examiner Jan 28, 2025 0
            Save
            The Trump White House says former President Joe Biden is to blame for skyrocketing egg prices.“

            .

            “After JD Vance’s egg price blunder, Donald Trump takes to Pennsylvania grocery store, vows to tackle rising costs

            Synopsis
            uring campaign visits in Pennsylvania, former President Donald Trump pledged to lower grocery prices while interacting with shoppers, even giving a mother $100 for her groceries. Ohio Senator J.D. Vance faced criticism for misrepresenting egg prices and blaming Vice President Kamala Harris for rising costs. Both candidates are focusing on Pennsylvania as a pivotal battleground state ahead of the November elections.
            By ET Online
            Follow us
            Sep 24, 2024, 11:53:00 AM IST“

            So now you’re blaming bird flu? The fact is, bird flu has been an issue for two years, Donald and JD knew that when they promised to lower egg prices.

            They have not only failed to keep their promise to lower egg prices, actually now the prices have doubled and triple on their watch.

          • A record number of chickens were culled (not killed from the flu – an important distinction) in Nov & Dec 2024 and Jan 2025, under Biden’s USDA direction. A conservative estimate (USDA data is quarterly) would be 25-35 million egg-laying hens in less than three months right before Jan 20, 2025. Then suddenly Democrats are concerned about egg prices. Hmm…

            It’s funny how your argument is that it’s taking Trump too long to put out Biden Admin fires created over the past four years.

          • Yup broken logic and fake news. Miner may want to move on as your false prophet media is in free fall for both ratings and credibility. But then you were doing the same even before they imploded so kvetch to your hearts desire.

      • The article concerns just the sort of executive branch attempts to negate congresse’s power.

        “arguing that federal enforcement agencies under the executive branch do not have the authority to make federal laws, only enforce them“

        Holding that position means that a non-government entity such as DOGE does not have the authority to demand the firing of employees or the abolition of departments created by Congress.

        “DOGE’s total estimated savings are $65 billion… “

        Nope, they are lying to you:

        “Department of Government Efficiency (Doge), is facing fresh scrutiny after quietly deleting its five largest claimed “savings” from its much-publicized “wall of receipts”.“

        They are even claiming credit for billions in savings by the Biden administration:

        “Another blunder involved a supposed $1.9 billion Treasury Department cut, which was actually the cancellation of a contract under Joe Biden’s administration last year.”

        Reply
        • Holding that position means that a non-government entity such as DOGE does not have the authority to demand the firing of employees or the abolition of departments created by Congress.

          You’ve been misinformed, Mynr. Or maybe you’re lying? DOGE is a government entity. Trump issued an E.O. on Jan 20 that renamed the existing United States Digital Service (USDS), created under the Obama Admin to “United States DOGE Service.” This official government entity operates within the Executive Office of the President.

          https://www.whitehouse.gov/presidential-actions/2025/01/establishing-and-implementing-the-presidents-department-of-government-efficiency/

          Nope, they are lying to you

          Do you have specific evidence that they are lying, or are you still making things up? In other words, you are lying. Do you understand that Elon admitted that mistakes have been made, and will continue to be made, but they will be corrected ASAP? See the quote in my previous comment. Is this all you have, desperate clinger? It’s not a good look, even for you.

          Reply
        • @Mynr49r (AKA ‘Miner49er’, AKA ‘Missy12’)

          “Holding that position means that a non-government entity such as DOGE does not have the authority to demand the firing of employees or the abolition of departments created by Congress.”

          Wow! We always knew it before but now you only further confirm that you do not have the slightest idea.

          Seriously? “arguing that federal enforcement agencies under the executive branch do not have the authority to make federal laws, only enforce them“ means “that a non-government entity such as DOGE does not have the authority to demand the firing of employees or the abolition of departments created by Congress.”

          You seriously this stupid.

          First – DOGE is a government entity, its an ‘office’ created by the elected president, it is legal and constitutional to do this. Even Musk is a government entity called a ‘special government employee’ – a special government employee is an advisor, expert or consultant who is appointed to work with the federal government.

          Two – neither DOGE or Musk is exercising any “authority to demand the firing of employees or the abolition of departments created by Congress” – they are making recommendations to, and consulting with, President Trump, and Trump is either taking the actions himself or directing the agency heads to do it or the agency heads are considering their DOGE findings and then taking actions on it. There have been exactly zero employees fired by DOGE or Musk, there have been exactly zero funds frozen or contracts eliminated by DOGE or Musk, there have been exactly zero agencies shuttered by DOGE or Musk. Its all been done under the authority of the president or under the authority of the agencies involved.

          “DOGE’s total estimated savings are $65 billion… “

          And it is. Your stupid and disingenuous only considers a ‘microcosm’ view where an audit corrected – which is normal in any financial audit. Its nothing nefarious as you imply.

          Considering the larger picture you so conveniently ignore – more than $1.5 Trillion has been saved. You obviously have not been keeping up and adding up the numbers of the trillions that Biden laundered in his looting of the treasury for radical left wing causes. Now you know why Biden kept printing money – it was an attempt to ‘cook the books’ – tax-dollars coming in being secretly laundered through NGO’s, that’s gonna show up in the balance sheets, the solution is to add money back to make it balance out and Joe did that by printing more money which caused inflation and national debt to rise and to compensate for the rise in inflation Joe ‘cooked the books’ again and simply faked the inflation numbers and lied to the public that inflation was down when in reality it wasn’t.

          “They are even claiming credit for billions in savings by the Biden administration”

          Yeah, no. There were no ‘savings’ under Biden. There were tax dollars being fraudulently laundered, being replaced by printed money we could not afford, driving the national debt and inflation up – and Biden-Harris lied about every little bit of it. that is not ‘savings’.

          Reply
      • Only the corrupt complain when corruption and wasteful spending are revealed in the AUDITS that DOGE conducts. If this weren’t so sad, it would be hilarious watching the Democrats defending government waste and corruption.

        Reply
        • “Only the corrupt complain when corruption and wasteful spending are revealed in the AUDITS“

          Corruption? So who’s been charged?

          “Millions of 120 year old Americans receiving Social Security checks!”? So where are the charges, where is the factual evidence showing this ‘corruption’ you speak of?

          Silence on factual matters, loudmouth bluster on vaporware claims.

          And claiming credit for Joe Biden‘s cost cutting measures:

          “Another blunder involved a supposed $1.9 billion Treasury Department cut, which was actually the cancellation of a contract under Joe Biden’s administration last year.”

          Reply
          • In the democrat fraud, waste, corruption, and deception section of the left-wing insanity and constitution hating that ‘Mynr49’ loves so very much – through Bidens USAID – a few small examples:

            from the congress oversight hearings … > h ttps://oversight.house.gov/release/hearing-wrap-up-america-first-foreign-aid-protects-u-s-interests-at-home-and-abroad/

            “Max Primorac, a Former USAID Official who now serves as a Senior Research Fellow at The Heritage Foundation, described how U.S. foreign aid funds radical organizations and nations that oppose America’s core principles: ‘We have been funding radical NGOs around the world that oppose capitalism, democracy, NATO, and Christianity…Despite what we hear in the media, there is no linkage between how we do aid and our national security. South Africa has received billions of American aid dollars, yet is China’s main Africa partner. South Africa is ‘S’ in BRICS. It supports Hamas and Iran and opposes us at every turn at the United Nations. Last summer, Mozambique and Tanzania, both large aid recipients, conducted two-week military exercises with the People’s Liberation Army, expanding communist China’s power projection to the lip of our Atlantic Ocean.’

            Tyler O’Neil, the Managing Editor of The Daily Signal, painted a clear picture of corruption in our foreign aid programs by highlighting former Biden Administration USAID officials who left the agency to work for organizations that seek to harm America-first policies: ‘Arabella Advisors, a for-profit company, launched nonprofits that funnel cash to various left-wing initiatives, cloaking which donors fund which projects. New Venture Fund, one of the nonprofits, launched Governing for Impact, a shadowy nonprofit that advised top bureaucrats in the Biden administration. Ann Van Dusen, who spent 25 years at USAID, now serves as a senior associate at Arabella Advisors. Chika Nwankwo, who worked as a research assistant for USAID, now works on vaccines via a contract with New Venture Fund.’

            DOGE Subcommittee Chairwoman Greene: ‘When Joe Biden was President, his son Hunter, was on the board of a Ukrainian energy company called Burisma. The prosecutor general of Ukraine at the time, Viktor Shokin, was investigating Burisma for corruption. Biden threatened, and it’s on video, to withhold 1 billion of USAID grant to Ukraine if Shokin wasn’t fired. Mr. Primary, is USAID supposed to be used as leverage by a president to protect his son?’

            Mr. Primorac: ‘No, we call that corruption.’

            Rep. Burchett: ‘Mr. Roman, are you aware that we are sending $40 million a week to the Taliban?’

            Mr. Roman: ‘Yes, sir.’

            Rep. Burchett: ‘Can you name other instances of foreign aid going to terrorist organizations?’

            Mr. Roman: ‘We have assisted al-Shabaab in Somalia, there’s been instances of the Hamzi network in Sudan, HAMAS, Islamic Jihad, Hezbollah, Kata’ib Hezbollah, Hayat Tahrir al-Sham in Syria, dozens of terror organizations have received indirect assistance from U.S. foreign aid.’

            Rep. Burchett: ‘Could you elaborate a little bit on the mechanisms in place that are to stop foreign aid from going to terrorist groups and why they are not working, if we have any, in place?’

            Mr. Roman: ‘Let’s use Gaza as our case study. $2.1 billion in American taxpayers’ money to Gaza since October 7th and Hamas invaded southern Israel. USAID money was going in terms of an emergency use authorization to try to give money to parties that USAID formerly had a relationship with in the Gaza Strip. They had to have been vetted by OFEK. They should be vetted against the special designated terrorist in the State Department and from other Treasury organizations. Waivers were granted because they said that there was an emergency use to have that money come in to Gaza, thereby jettisoning the usual typical screening procedures. As a result, 90% of aid that was going from the United States, by way of its agents in Gaza, ended up in Hamas controlled areas. And this is ridiculous. Essentially, what the U.S. assistance to Gaza did was underwrite the ability for Hamas to survive until the cease fire, which was passed a few weeks ago.

            …”

            Ethics watchdog flags senator helping wife rake in millions for nonprofit – A watchdog is asking the Senate Ethics Committee to investigate Democratic Sen. Sheldon Whitehouse. > h ttps://www.foxnews.com/politics/ethics-watchdog-flags-senator-helping-make-millions-wifes-green-nonprofit

            “…

            Sen. Sheldon Whitehouse, D-R.I., is being accused of violating ethics rules after backing laws that financially benefited his wife’s environmental organization.

            The Democratic senator and climate hawk voted for key laws that provided funding for grants to the environmental non-profit group that works with his wife, Sandra Whitehouse, and pays her through a consulting firm.
            …”

            Biden Admin Filled Terrorist Coffers With Over $1.3B Before Trump Took Wrecking Ball To Foreign Aid > h ttps://www.msn.com/en-us/politics/government/biden-admin-filled-terrorist-coffers-with-over-1-3b-before-trump-took-wrecking-ball-to-foreign-aid/ar-AA1ypAsw

          • Unlike the fake as fuck J6 charges actual investigation and evidence gathering is involved. Don’t worry the money will be cut off either way.

  2. Dude. You don’t understand. The looting of the treasury has stopped. That really pisses miner and ilk off.

    And yes. Trump is a convicted felon. His sentence? Four years in the oval office.

    I guess Musk is, in the eyes of the corrupt dems, president. After all, they thought it was normal for hunter, jill and others to be propping up a drug and age addled old man and calling him President.

    Reply
  3. President Trump is the first president to speak so frankly on almost every issue that isn’t classified. He is driving the Biased Mass Media and the Democrats completely nuts, and it wasn’t a very long drive.

    Reply
    • Media questions answered by the Puppet in his first month: about 100.

      Media questions answered by the Trump in his first month: about 1,000.

      Remember how Biden would usually just give reporters that creepy smile as they shouted question while he was walking across the White House lawn?

      Now recall Trump’s first term. He would often stop and talk to them. Biden was a puppet that was highly managed, and the press helped to cover that up until Obama and Pelosi decided Old Joe was used up. Dems are evil.

      Reply
  4. Never forget, or dismiss, the principle that for anti-Americans, “losing” a battle, is actually winning, as they never quit. The can increase fund-raising because they won an issue, or increase funding because they lost an issue. Which is all a demonstration, illustration, personification that evil never rests.

    The anti-America crowd has a published playbook, while “our side” is simply reactive, managing affairs with the princple of “we’ll deal with that, when it comes up”.

    Reply
    • “The anti-America crowd has a published playbook, while “our side” is simply reactive,”

      “reactive”?

      So you deny the existence of project 2025?

      Your denial of reality is breathtaking, please allow me to familiarize you with your side’s playbook:

      ttps://static.project2025.org/2025_MandateForLeadership_FULL.pdf

      Reply
      • “So you deny the existence of project 2025?

        Your denial of reality is breathtaking, please allow me to familiarize you with your side’s playbook:”

        100% false

        Reply
  5. In the democrat fraud, corruption, and deception section of the left-wing insanity and constitution hating: Well, DUH: Former Top Biden Aide Finally Admits What We All Knew About Cognitively Vacant President.

    h ttps://redstate.com/mike_miller/2025/02/28/well-duh-former-top-biden-aide-finally-admits-what-we-all-knew-about-cognitively-vacant-president-n2186114

    Reply
    • In the democrat fraud, corruption, and deception section of the left-wing insanity and constitution hating and citizen hating: Dems Fight for Fentanyl.

      “Since we can all agree that fentanyl is bad, we must ask why a cadre of Democrats is trying to block a bill that would at least slow down the influx of the drug into the U.S. The HALT Fentanyl Act would permanently classify fentanyl analog drugs under Schedule I. …

      So what gives? Enter everyone’s favorite Bond villain, George Soros. The outlet noted that much of the pushback on the HALT Act comes from a Soros-backed non-profit, which has put forward the same talking points as Booker, Whitehouse, and Markey. Okay, that makes sense. Of course, a Soros group would be opposed to stopping or even stemming the flow of fentanyl into the U.S. It’s hard to destroy and remake a country that is trying to fight its way out of chaos. So naturally, Booker, Markey, and Whitehouse are falling into line. What they get out of the deal is unknown but probably involves money.

      …”

      h ttps://pjmedia.com/lincolnbrown/2025/02/28/dems-fight-for-fentanyl-n4937423

      Reply
  6. Having DEI Issues and concerns in your kids school? Ya know that all public schools k-12, and a lot of private schools k-12, and most colleges/universities in the U.S. – get some form of federal funding – this makes them subject to the executive order and the re-instituted Tile IX which ‘outlaws’ DEI programs.

    Anyway, if ya wanna report it in these institutuions now there is a web site to do so – Education Department Launches ‘End DEI’ Whistleblower Portal > h ttps://enddei.ed.gov/

    Reply
  7. Tulsi Gabbard Identifies Biggest National Security Threat, and It’s Not What We’ve Been Told.

    h ttps://pjmedia.com/robert-spencer/2025/03/01/tulsi-gabbard-identifies-biggest-national-security-threat-and-its-not-what-weve-been-told-n4937452

    Reply
  8. English Is Spoken Here: We Finally Have a National Language Thanks to Trump Executive Order.

    h ttps://redstate.com/bobhoge/2025/03/02/english-is-spoken-here-trump-signs-order-making-us-one-of-181-of-195-nations-with-an-official-language-n2186174

    Reply
    • I love being tedious: An EO is as temporary as the President who signs it. Without legislation, and approval of the SC, there is no true, lasting idea called an “official language” (which btw is more likely the one commonly spoken in all the lands below the Rio Grande)

      What do you call a person who speaks three languages?
      Trilingual.

      What do you call a person who speaks two languages?
      Bilingual.

      What do you call a person who speaks only one language?
      American,

      Reply

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