Learning Resources, Inc. v. Trump · ¶238

The power to impose duties on imports thus does not implicate either of the constitutional foundations for the nondelegation doctrine. Hence, even the strongest critics of delegation, myself included, have recognized that regulations of foreign commerce might not be subject to ordinary nondelegation limitations. See FCC v. Consumers' Research, 606 U. S. 656, 742, n. 19 (2025) (Gorsuch, J., dissenting) (“[I]t may be . . . that tariffs and domestic taxes present different contexts when it comes to the problem of delegation”); accord, Association of American Railroads, 575 U. S., at 80, and n. 5 (opinion of Thomas, J.). So long as Congress complies with other constitutional limitations, it can delegate this power.

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