Learning Resources, Inc. v. Trump · ¶175

Third, even if a distinction between true legislative powers and “other kinds of power[s]” were proper, post, at 314, I do not see why the tariff power would fall in the latter category and thus be something Congress could delegate away wholesale, without scrutiny, and forever. Justice Thomas suggests all that is possible because, at the founding, the tariff power was considered a “ `prerogative right' ” of the British King. Post, at 323 (quoting N. Gras, Early English Customs System 21 (1918)).

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