Learning Resources, Inc. v. Trump · ¶101
The railroad commissions may have been the first, but they were not the last. Whether executive officials claimed the power to criminally punish noncompliance with regulations, force employers to retain employees regardless of their unlawful conduct, or regulate intrastate candy sales, this Court held them to much the same standard. Because their claimed powers were so substantial, executive officials had to identify a “distinc[t]” authority for them, United States v. Eaton, 144 U. S. 677, 688 (1892), a “clear legislative basis,” United States v. George, 228 U. S. 14, 22 (1913), a “defnite and unmistakable expression,” NLRB v. Fansteel Metallur gical Corp., 306 U. S. 240, 255 (1939), or a “clea[r] mandate,” FTC v. Bunte Brothers, Inc., 312 U. S. 349, 351, 355 (1941). Cf. Industrial Union Dept., AFL–CIO v. American Petro leum Institute, 448 U. S. 607, 645 (1980) (plurality opinion) (“In…Read in context ›
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