Learning Resources, Inc. v. Trump · ¶145
Doubtless, cases implicating overlapping powers can arise in the field of foreign affairs. The Constitution, for example, vests in Congress the power to raise and regulate armies, but it also vests in the President the commander-in-chief power. Compare Art. I, § 8, cls. 12–14, with Art. II, § 2, cl. 1. Similarly, Congress enjoys the power to regulate foreign commerce, but the President has power to negotiate treaties and nominate ambassadors. Compare Art. I, § 8, cl. 3, with Art. II, § 2, cl. 2. The President may even enjoy some “residual” powers pertaining to foreign affairs under Article II's Vesting Clause endowing him with the “executive Power.” See S. Prakash & M. Ramsey, The Executive Power Over Foreign Affairs, 111 Yale L. J. 231, 234 (2001) (Prakash & Ramsey); but see C. Bradley & M. Flaherty, Executive Power Essentialism and Foreign Affairs, 102 Mich. L. Rev. 545, 551–552…Read in context ›
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