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American Energy Institute Joins Advancing American Freedom in Filing Amicus Brief in Consumers’ Research v. CPSC

July 22, 2024 — The American Energy Institute has proudly joined Advancing American Freedom (AAF) in filing an amicus brief in the case of Consumers’ Research v. Consumer Product Safety Commission (CPSC), urging the Supreme Court to grant certiorari and return the President’s constitutional authority over the Executive Branch of the federal government.

Over the last century, the powers vested by the Constitution in the legislative, executive, and judicial branches of the federal government have been slowly and purposely leeched by the ‘fourth branch’ administrative state. As is the case for several agencies within the administrative state, the CPSC is headed by a multimember board, the members of which are protected from presidential removal except in narrow circumstances. The Commission, which is ostensibly a part of the Executive Branch, operates beyond the control of the person vested by the Constitution with the executive power: the President. The practical result is that agencies like the CPSC are insulated not just from presidential, but from popular accountability. That insulation from outside control was, for the early 20th Century Progressives and those like Woodrow Wilson who first envisioned the administrative state, a feature, not a bug.

“With its recent decision overturning Chevron, the Court rightly reasserted the constitutional authority of its own branch,” said Jason Isaac, CEO of the American Energy Institute. “In this case, it has the opportunity to do the same for the Executive, ensuring that agencies like the CPSC are held accountable to the President and, ultimately, to the American people.”

The amicus brief filed by AAF underscores the importance of maintaining the constitutional balance of power among the branches of government, emphasizing that the unchecked autonomy of administrative agencies poses a significant threat to democratic governance and accountability.

The Supreme Court’s decision in this case could have profound implications for the structure and function of the federal government, reaffirming the President’s authority over the Executive Branch and ensuring that all agencies operate within the framework established by the Constitution.

For more information, please contact:

Molly Vogt 

Chief of Staff

American Energy Institute 

molly@americanenergyinstitute.com

(303) 249-1355

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About the American Energy Institute

The American Energy Institute is dedicated to promoting policies that ensure America’s energy security and economic prosperity. Through research, advocacy, and education, the American Energy Institute aims to inform the national discussion about energy and the environment, as well as advocate for policies that promote economic freedom and advance the human condition.

About Advancing American Freedom

AAF serves the Conservative Movement by developing innovative policy solutions, strategies, coalitions, and messaging that builds upon those accomplishments, expands freedom for all Americans, and hampers anything that would threaten America’s standing as the greatest nation on the face of the Earth.