Learning Resources, Inc. v. Trump · ¶253

IEEPA's delegation of power to impose duties on imports complies with the nondelegation doctrine. Congress delegated to the President a version of the same power that it has delegated to him in many statutes since the early days of the Republic. See supra, at 325–329. Congress limited that delegation to foreign commerce. See § 1702(a)(1)(B); see also § 1701. In delegating the power to impose duties on imports, it gave the President no core legislative power to make substantive rules setting the conditions for deprivations of life, liberty, or property. Its delegation therefore complied with the constitutional separation of powers and is consistent with centuries of practice and precedent. It did not need to exercise that power itself and did not need to delegate it “unambiguously”—even though, as Justice Kavanaugh explains, it did. See post, at 366–373 (dissenting opinion).

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