Cite as: 524 U. S. 417 (1998)
Breyer, J., dissenting
spending in laws that mention no standard at all. See, e. g., Act of Mar. 3, 1809, ch. 28, § 1, 2 Stat. 535-536 (granting the President recess authority to transfer money "appropriated for a particular branch of expenditure in [a] department" to be "applied [instead] to another branch of expenditure in the same department"); Revenue and Expenditure Control Act of 1968, §§ 202(b), 203(b), 82 Stat. 271-272; (authorizing the President annually to reserve up to $6 billion in outlays and $10 billion in new obligation authority); Second Supplemental Appropriations Act, 1969, § 401, 83 Stat. 82; Second Supplemental Appropriations Act, 1970, §§ 401, 501, 84 Stat. 405- 407. In this case, too, context and purpose can give meaning to highly general language. See Federal Radio Comm'n v. Nelson Bros., supra, at 285; Fahey v. Malonee, supra, at 250-253; cf. Lichter v. United States, 334 U. S., at 777 (Congress has "at least expressed . . . satisfaction with the existing specificity of the Act"); Train v. City of New York, 420 U. S. 35, 44-47 (1975) (disallowing President Nixon's efforts to impound funds because Court found Congress did not intend him to exercise the power in that instance).
On the other hand, I must recognize that there are important differences between the delegation before us and other broad, constitutionally acceptable delegations to Executive Branch agencies—differences that argue against my conclusion. In particular, a broad delegation of authority to an administrative agency differs from the delegation at issue here in that agencies often develop subsidiary rules under the statute, rules that explain the general "public interest" language. Doing so diminishes the risk that the agency will use the breadth of a grant of authority as a cloak for unreasonable or unfair implementation. See 1 K. Davis, Administrative Law § 3:15, pp. 207-208 (2d ed. 1978). Moreover, agencies are typically subject to judicial review, which review provides an additional check against arbitrary implementation. See, e. g., Motor Vehicle Mfrs. Assn. of United
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