Learning Resources, Inc. v. Trump · ¶425

With respect to separation of powers, the major questions doctrine serves to reinforce the nondelegation doctrine. But in the foreign affairs realm, the Court has recognized that Congress often broadly delegates authority to the Executive. From the Founding, numerous foreign affairs statutes “authorizing action by the President in respect of subjects affecting foreign relations” either “leave the exercise of the power to his unrestricted judgment, or provide a standard far more general than that which has always been considered requisite with regard to domestic affairs.” United States v. Curtiss-Wright Export Corp., 299 U. S. 304, 324 (1936); Department of Transportation v. Association of American Railroads, 575 U. S. 43, 80, n. 5 (2015) (Thomas, J., concurring in judgment). The reason for those broad delegations is simple and obvious: If “success” for America's foreign affairs “aims”…

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