Learning Resources, Inc. v. Trump · ¶219
Many of Congress's powers fall within the core legislative power subject to the nondelegation doctrine. For example, the Constitution gives Congress the power to regulate commerce among the States. Art. I, § 8, cl. 3. Congress can thus make substantive rules for interstate trade—such as by restricting drug shipments across state lines—punishable with fines or imprisonment. Cf. Gonzales v. Raich, 545 U. S. 1, 58 (2005) (Thomas, J., dissenting). Likewise, the Constitution gives Congress many other powers that implicate life, liberty, and property, including the power to provide for the punishment of counterfeiting, Art. I, § 8, cl. 6; the power to provide for the punishment of treason, Art. III, § 3, cl. 2; and the power to impose internal taxes, Art. I, § 8, cl. 1; Amdt. 16. These powers cannot be delegated, as I have repeatedly explained. See, e. g., Association of American Railroads,…Read in context ›
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