Trump v. Slaughter · ¶139

Fortunately, too, this Court already has many doctrines designed to protect the Constitution’s separation of powers. Just as today’s decision holds that Article II requires those who exercise executive power to answer to an elected President, this Court’s nondelegation doctrine recognizes that Article I vests “[a]ll” federal legislative power in Congress and no one else. See Art. I, §1. Of course, Congress can enlist experts to advise it in its work and leave implementation details to others, but the doctrine holds that Congress alone can make laws regulating private conduct. See, e.g., Panama Refining Co. v. Ryan, 293 U. S. 388 (1935). By that doctrine’s side stands the major questions doctrine, which teaches that, to sustain a claim that Congress has delegated to it some “[e]xtraordinary” regulatory power, an agency must identify “clear” statutory authority for that power. West…

slip opinion, revised 7/07/26
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