Learning Resources, Inc. v. Trump · ¶144
On this score, I share a limited point of agreement with the dissent. Like the nondelegation doctrine, the major questions doctrine protects Article I's Vesting Clause and, for that reason, the doctrine does not apply where the President is exercising only his own inherent Article II powers. Like the nondelegation doctrine, too, the major questions doctrine may speak with less force where the President and Congress enjoy “overlap[ping] . . . authority.” See Gundy v. United States, 588 U. S. 128, 159 (2019) (Gorsuch, J., dissenting); see also C. Bradley & J. Goldsmith, Foreign Affairs, Nondelegation, and the Major Questions Doctrine, 172 U. Pa. L. Rev. 1743, 1747 (2024) (Bradley & Goldsmith) (explaining the “supposed foreign affairs exception” to the nondelegation doctrine “is better understood as a qualification that concerns situations in which a statutory authorization relates to an…Read in context ›
preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.