The FTC is an independent federal agency, and the President doesn't have the same amount of control over it that he has over federal executive departments.
For example, the President could fire the Secretary of Labor at any time, for any purpose, because executive department heads serve "at the pleasure of the President." The same is not true for FTC commissioners, who are statutorily protected from firing except for "inefficiency, neglect of duty, or malfeasance in office." SCOTUS held in Humphrey's Executor v. United States (1935) that an FTC commissioner could not be removed by the President for policy reasons, because it was explicitly granted non-executive powers by Congress.
His power to issue Executive Orders to independent agencies is unclear, and often Presidents will "recommend" they do things, rather than "direct" them, as he would an executive department.
>> It sounds good as long as the White House doesn't try to use the FTC as a political weapon to disadvantage their opponents. Like going after Amazon for their union stance or Facebook for their censorship stance.
> The FTC is an independent federal agency, and the President doesn't have the same amount of control over it that he has over federal executive departments.
Isn't that the same as the FCC? We all know what happened with it and Net Neutrality during the Trump administration.
If it's staffed/led by the right people, it could act as a semi-autonomous political weapon.
There’s a difference between having opinions while sharing the goal of having a functional system and being Ajit Pai. There are many civil servants who put aside their personal politics trying to make the government succeed.
You're not wrong, but it's important to remember that Ajit Pai was not a civil servant – he was a political appointee. Civil servants are career government employees, whose jobs are not tied to an election, administration, or term in office.
Civil servants necessarily put their own personal politics aside, because in all likelihood they will serve under several different political administrations. That is not the case, nor the expectation, for political appointees.
Good clarification — I was thinking the appointee level because this thread was talking about the overall direction of the FTC, and I was looking for a comparison which most people here would be familiar with where you could see the difference between people who differ in priorities versus those who seem to think the agency should not exist.
I should have clarified that my next sentence was switching to refer to the people who implement policies set by the senior levels: there are many people who do not agree with all of those decisions but will try their best to implement them because they want to make the country more successful or believe that a law needs to be enforced even if someone on their side broke it.
Don't kid yourself, this is being weaponized. Anytime the government does anything, it is not to help you or me.
It will be used in ways not intended. The Sherman Act has been used by many politicians to go after their political advisories.
If the FTC wants to do this, then they need to go after the banks for their anticompetitive practices. How about Apple?
In the 90s, Janet Reno went after Bill Gates. It wasn't because of the browser in Windows. It was a result of Microsoft's reach into Congress, helping turn Congress over to the Republicans. Microsoft's execs didn't want the tax increases that were coming, so they went all in for Republicans. After the election, Reno directed the DOJ to prosecute M$. What a circus that was to see. Then, you know what really hit the fan, Microsoft backed Dave Stirling in California. Democrats were going to do anything they could to destroy M$.
Can you imagine someone going after Google, or Apple, because they won't let others put software on their devices? How anticompetitive is the Apple Store? Can I please remove Chrome off my Chromebook, and use Firefox? Google and Apple donate heavily to Democrats, as does Microsoft today. You're not going to see it used where it needs to be, related to technology, IMHO.
I'm not picking on Democrats, there are plenty of anticompetitive right leaning companies as well (The Banks, Oil & Gas Industry, Agriculture...).
> Anytime the government does anything, it is not to help you or me.
So you believe the government is entirely a self-serving, wholly corrupt organization, that does nothing to help the people?
This is an extraordinary claim, and requires extraordinary proof.
Or are you assuming that everyone here is among the moneyed elite, and claiming that the government's actions are directed at reducing the power of that class to benefit the common people?
That would be much closer to the truth, but is certainly nowhere near as absolute as you make it sound.
Whatever your intent here, the absolutism you display makes your statement patently false to anyone who has any real understanding of how governments—or, indeed, nearly any large organization—work.
>Anytime the government does anything, it is not to help you or me.
This is a Regan Republican era talking point. Government is supposed to work for the people but for the last 40 years it has been used as a boogieman to push agendas which are actively not in the interest of the people.
In the US much harm has been done by under staffing and purposely slashing budgets of organizations that benefit the people. The amplification of "government doesn't help" comes from those regulated by the government. OSHA enforcing safe working environments? "Government meddling in my business driving my costs up!" IRS auditing, catching tax cheats, and closing loopholes? "Government stealing my hard earned profits!" Look at the attacks on the EPA since they are trying to protect vulnerable waterways that property developers want exploit and manufactures want to dump into.
So let's fund and staff the FTC and let it go after all of them. We need government in our corner going after the Banks, Big Tech, Oil, Commercial Agriculture, Pharma, etc.
The narrative needs to change so we aren't dealing with these issues in a reactive way.
> fyi, arguments become immediately less convincing when they include "m$"
OK... but deviantbit's comment clearly presents Microsoft as the victim of corrupt government officials, which isn't really compatible with calling it M$. It seems more likely that the use of M$ in "Democrats were going to do anything they could to destroy M$" is to present M$ as a label given to Microsoft by the Democrats in order to make it easier to attack. He's trying to tell you that arguments based on the epithet "M$" are or should be unconvincing.
M$ was what Democrats would call Microsoft to demonize them. Just as Biden is demonizing the oil industry. Biden mocked the entire oil industry for making $100 billion dollars. Yet, Apple made $155 billion in 2021.
No democrat has asked Apple to turn those profits over, or wanted a wind fall tax. Why? Apple donates heavily to Democrats, and this is why you will never see an anti-trust suite.
Less well known: it only requires one exception to prove a proposition false.
Not to mention: individual citizens have next to no insight into what really happens within various governmental agencies. And culturally, the tendency is to assume that one's preferred beliefs are true.
Fortunately most of the worst examples the anti-net neutrality crowd used never made sense from both a business model and technology perspective.
Trying to turn the internet into tiered internet packages like early 2000s cable companies offered would be a disaster even without neutrality laws. There's probably a reason the only real-life example in history that Wikipedia lists was some bottom-of-the-barrel Portuguese mobile network that experimented with a discount plan that never took off.
The lobbyists either bought into the bullshit benefits like everyone else or more likely were just taking the default anti-gov interference position.
The internet is so far from ever being the extremely limited centralized platforms that cable offerings were that the analogies never made sense if you spent any amount of time considering them.
For example, the President could fire the Secretary of Labor at any time, for any purpose, because executive department heads serve "at the pleasure of the President." The same is not true for FTC commissioners, who are statutorily protected from firing except for "inefficiency, neglect of duty, or malfeasance in office." SCOTUS held in Humphrey's Executor v. United States (1935) that an FTC commissioner could not be removed by the President for policy reasons, because it was explicitly granted non-executive powers by Congress.
His power to issue Executive Orders to independent agencies is unclear, and often Presidents will "recommend" they do things, rather than "direct" them, as he would an executive department.