The Federal Trade Commission (FTC) under Joe Biden’s radical appointees has made a point to overturning internal rules of action and aggressively expanding its power. In the wake of the Supreme Court’s West Virginia v. EPA case which curtailed the agency’s ability to dramatically expand environmental laws beyond any reasonable congressional grant of power, the FTC’s power grab may be next on the chopping block. The FTC faces a likely challenge to a part of their claimed authority to internally litigate cases effectively dictating their outcome at the Supreme Court in the Axon v. FTC case.
As the FTC’s administrative overreach is already under legal challenge, it is refreshing to see more companies fighting back. Walmart has courageously chosen to push back against the FTC for an “egregious instance of agency overreach.” As the Courts have curtailed the overreach of other agencies in this administration, the FTC should be next. They already face significant legal challenges to their authority and Walmart’s filing raises even more serious issues about their evasion of constitutional limits.
The Courts must act to bring an end to the unconstitutional actions of the FTC – and other power-hungry agencies that ignore the constitution. In addition, Congress must step of its oversight of the FTC, and any agency, who takes action beyond their mandating authority.
In the post West Virginia v. EPA world, those of us who believe constitutional, limited federal government power is essential to maintaining any semblance of individual liberty need to stand up and praise companies like Axon and Walmart for taking the risk of going after those who would wield enormous power if unchecked. It is not easy to have your corporate name on a lawsuit in this woke world where armies of twitter bots can attack your brand at a moment’s notice. And while few have heard of Axon, when a corporate giant like Walmart steps to the forefront and says enough is enough, those who care about individual liberty need to applaud them.
The fight for limited government is necessarily the same as the fight against the ever growing administrative state, which has become a hotbed of government expansion over the years.
The FTC’s rapid and radical attempt to expand the federal government’s reach should serve as a cautionary tale for members of the United States Senate who vote to confirm members of little known quasi-governmental entities which have extraordinary control over the free enterprise system.
America can no longer afford the GOP acceptance of whoever President Biden appoints to positions of power. In fact, you cannot claim to be a limited government Senator and vote for appointees who seek to rip apart the fabric of our nation with untried or rejected legal theories that give federal enforcers the ability to choose a target and then find or manufacture a crime.
It is our sincere hope that the Biden FTC serves as a constant reminder that the left has abandoned the comity of bi-partisanship needed to ensure legitimacy of an unelected administrative body’s actions, and Republicans are elected by their constituents to protect them from wayward regulators.
And in the meantime, let’s hope that the FTC feels the sharp blade of Lady Justice’s sword for their blatant attempts at partisan, corporate score settling when they are forced to defend their positions before the highest courts in the land.
Rick Manning is president of Americans for Limited Government