Learning Resources, Inc. v. Trump · ¶100

Perhaps unsurprisingly given this history, American courts applied the extraordinary power principle when Congress and the States started delegating new regulatory powers to executive agencies in the late 19th century. Take railroad commissions. After the Civil War, governments worried about the increasing power of railroad companies responded by creating new agencies and imbuing them with broad regulatory authority. These bodies were among the first modern administrative agencies. See West Virginia, 597 U. S., at 740 (Gorsuch, J., concurring). And when they claimed some extraordinary delegated power, both state and federal courts enforced a clear-statement rule. See, e. g., Siler v. Louisville & Nashville R. Co., 213 U. S. 175, 193–194 (1909) (declaring, in the course of interpreting a state statute, that an “enormous power” “must be conferred in plain language” “free from doubt”);…

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