Learning Resources, Inc. v. Trump · ¶221
For most of American history, the nondelegation doctrine was understood not to apply to these powers. Contra, ante, at 296–300 (Gorsuch, J., concurring). “The early congresses felt free to delegate certain powers to President Washington in broad terms.” McConnell 333. Thus, the Constitution gives Congress the power to support armies, Art. I, § 8, cl. 12, but Congress in 1789 delegated to the President the power to establish regulations for benefits to veterans wounded in the Revolutionary War. See Act of Sept. 29, 1789, ch. 24, 1 Stat. 95. The Constitution gives Congress the power to grant patents, Art. I, § 8, cl. 8, but Congress in 1790 delegated to executive officials the power to grant patents in their discretion. See Act of Apr. 10, 1790, ch. 7, § 1, 1 Stat. 109–110. The Constitution gives Congress the power to borrow money, Art. I, § 8, cl. 2, but Congress in 1790 delegated to the…Read in context ›
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