Learning Resources, Inc. v. Trump · ¶231

The power to regulate external affairs was accordingly not viewed as within the core legislative power at the founding. See Zivotofsky, 576 U. S., at 35–37 (opinion of Thomas, J.). Blackstone described powers over “intercourse with foreign nations” as “prerogative” powers naturally belonging to the King. 1 Blackstone 245; see id., at 232. Locke agreed that this power “must be lodged” with the “executive.” Zivotof sky, 576 U. S., at 35 (opinion of Thomas, J.) (citing Locke § 148). Baron de Montesquieu classified all powers “in respect to things dependent on the law of nations” as part of “the executive power.” 1 The Spirit of Laws 151 (T. Nugent transl., rev. ed. 1899). The “legislative” power, by contrast, “applied only within the realm.” McConnell 214.

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