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Welcome to the constitutional backwater-a place where Rupert Murdoch and Ted Kennedy battle over the Senator's weight and the press baron's ownership of the Boston Herald; where Supreme Court nominee Clarence Thomas's truthfulness before the Senate Judiciary Committee is challenged by a D.C. Circuit insider; where a regulatory agency hopes its constitutional arguments will be rejected in court and respected in Congress; where President Ronald Reagan alternatively abides by and disregards Department of Justice constitutional interpretations; where President George Bush's regulatory appointees and Solicitor General openly battle each other before the Supreme Court; and where members of Congress perceive constitutional analysis as superfluous. Welcome to the world of the Federal Communications Commission ("FCC") circa 1982-1992. The story begins with the 1980 election of Ronald Reagan. Advocating the substitution of marketplace efficiencies for bureaucratic failures,1 Reagan appointed communications free-marketeers Mark Fowler (1981-1987) and Dennis Patrick (1987-1989) to chair the FCC. This changing of the guard, to no one's surprise, did not sit well with the FCC's pro-regulation oversight committees in the Congress, particularly in the House.2 What is surprising is the vehemence in which congressional leadership expressed its displeasure with the FCC, and the

Congress, the FCC, and the Search for the Public Trustee