He also asked, if tariffs were understood as tools of trade regulation, why wouldn't the power to regulate foreign commerce include them? Very good question. And when it came to non delegate the non delegation doctrine, he said the following, quote, Non delegation is a modern doctrine. What evidence do we have that Congress historically could not confer this kind of authority in matters of foreign commerce? Justice Thomas question suggest he is very likely to vote in favor of the President's tariff authority. (25:30–25:34)
CLAIM
Asserts that the non-delegation doctrine is a modern concept.
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