Learning Resources, Inc. v. Trump · ¶426

As Justice Robert Jackson summarized, the Court's non- delegation cases—consistent with the “unbroken legislative practice which has prevailed almost from the inception of the national government,” Curtiss-Wright, 299 U. S., at 322— have “recognized internal and external affairs as being in separate categories, and held that the strict limitation upon congressional delegations of power to the President over internal affairs does not apply with respect to delegations of power in external affairs.” Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 636, n. 2 (1952) (concurring opinion); see Curtiss-Wright, 299 U. S., at 319–322; Panama Refning Co. v. Ryan, 293 U. S. 388, 422 (1935).

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