In this episode of Unwritten Law, NCLA’s John Vecchione and Zhonette Brown break down the recent Supreme Court decision in FCC v. Consumers’ Research, a crucial non-delegation doctrine case.

Zhonette explains the controversial ruling that allows the Federal Communications Commission (FCC) to set fees—arguably taxes—without explicit congressional limits. They discuss the implications of the Court’s continued adherence to the “intelligible principle” test, the unresolved confusion between fees and taxes, and the concerning delegation of rate-setting power to private entities. John and Zhonette explore why this ruling may have broader implications for administrative power, taxation, and congressional accountability.

Key topics: Non-delegation doctrine, intelligible principle test, fee vs. tax debate, FCC authority, and recent Supreme Court rulings on administrative overstep.