Learning Resources, Inc. v. Trump · ¶220

Congress also has many powers that are not subject to the nondelegation doctrine. “We now think of the powers listed in Article I, Section 8 as quintessentially legislative powers, but many of them were actual, former, or asserted powers of the Crown, which the drafters decided to allocate to the legislative branch.” M. McConnell, The President Who Would Not Be King 274 (2020) (McConnell); accord, Zivotof sky v. Kerry, 576 U. S. 1, 36 (2015) (Thomas, J., concurring in judgment in part and dissenting in part). These include the powers to raise and support armies, to fix the standards of weights and measures, to grant copyrights, to dispose of federal property, and, as discussed below, to regulate foreign commerce. Art. I, § 8; Art. IV, § 3. None of these powers involves setting the rules for the deprivation of core private rights. Blackstone called them “prerogative” powers, and…

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