Learning Resources, Inc. v. Trump · ¶149

Consider an example. Imagine Congress adopted a law that arguably could be read to let the President borrow and spend money during peacetime as he sees ft. A law like that would represent an extraordinary delegation of Congress's power both to borrow “on the credit of the United States,” Art. I, § 8, cl. 2, and to spend money in support of the “general Welfare,” § 8, cl. 1, and would carry with it “significant domestic ramifcations,” post, at 379. But if an enterprising executive could also use the law as a “tool” for affecting the behavior of “allies . . . or enemies,” the dissent seemingly would have us exempt it from scrutiny under the major questions doctrine.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.