General Discussion
In reply to the discussion: Please Support Banning Political Commericals [View all]NathanTheGreat
(78 posts)I'm not entirely sure how they justified it...but how they generally work around the constitution goes like this.
If someone is broadcasting commercially, they are conducting a business...they are the provider and the people watching the boob tube are the customer. Thus broadcasting is commerce.
Now if you draw a map of where most broadcasters' signal can be reached, chances are better than not it's going to be broadcasting into a different state. Also, network commercials are always broadcasted into many states.
So we have established that broadcasting is not only commerce, but also interstate commerce.
Article 1 Section 8 of the Constitution says,
The Congress shall have Power...To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
By this logic, broadcasting falls well within the power and scope of Congress...who through a lawful act created the FCC to oversee this type of commerce.