What businesses do not desire and our Constitution does not accept is an FTC that usurps the power of Congress and, by extension, the power of the people.
beyond its constitutional bailiwick. If those participating in the ratification debates had known that “limited, enumerated” powers meant unlimited and unchecked federal authority, they would have voted down an already controversial proposal.
This is an incomplete list, but the upshot is clear: Hundreds, if not thousands, of slight deviations from the constitutional order imagined by the founders and agreed to by the people have accumulated and decimated the idea of a federal system of government. expansive regulatory agenda is perhaps the best sign of our constitutional drift.
In fact, the FTC’s efforts to expand its powers and test constitutional limits are just getting started — observers expect that within weeks, the FTC will announce a commercial surveillance rule that addresses many of the privacy- and data protection-related topics being discussed by Congress. This action is all the more concerning given that the commission is stepping on Congress’s toes.
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