So he FL framed it in terms of, look, the President has enormous flexibility when it comes to foreign affairs. Justice Kavanaugh said in one of his opinions that the Non delegation concerns have less force where Congress is empowering the President in foreign affairs. And Justice Kavanaugh focused on the historical practice, said there's a long tradition of broad delegations over foreign commerce going back to the founding. And he engaged the Solicitor General seriously. (23:58–24:06)
CLAIM
Asserts that non-delegation concerns are weaker when Congress empowers the President in foreign affairs.
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