Learning Resources, Inc. v. Trump · ¶223

The Constitutional Convention seemed to agree with this understanding of delegation. Contra, ante, at 296 (Gorsuch, J., concurring). James Madison proposed an amendment clarifying that the President had the power “ `to execute such other powers' ” as were “ `delegated by the national Legislature,' ” so long as the delegated powers were “ ` “not Legislative nor Judiciary in their nature.” ' ” 1 Records of the Federal Convention of 1787, p. 67 (M. Farrand ed. 1966). Thus, in Madison's view, some of Congress's powers were “not Legislative” and could be “delegated” to the President. Ibid. Madison's proposal was rejected after others argued that it was unnecessary. Ibid. Madison agreed that the purpose of the proposed amendment was only to “prevent doubts and misconstructions.” Ibid. Nobody disputed that Madison stated the correct scope of the nondelegation doctrine. Ibid.; see also…

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