Learning Resources, Inc. v. Trump · ¶169

Second, even when it comes to the nondelegation doctrine, Justice Thomas's theory raises many questions. I appreciate that the doctrine may apply with less force in certain areas, such as when Congress legislates in a way that implicates one of the President's inherent powers. See Part III– B, supra; Gundy, 588 U. S., at 159 (Gorsuch, J., dissenting). But Justice Thomas would go much further. On his telling, the doctrine applies only to Congress's true legislative powers, which he says include only those powers addressing the deprivation of life, liberty, or property. As it turns out, only a small subset of Congress's enumerated powers in Article I, § 8, ft that bill. See post, at 318 (listing the powers to punish counterfeiters, tax “internal[ly],” and regulate interstate commerce). Only those few powers are exclusively vested in Congress and subject to review of any kind under the…

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