Mark's Opening Remarks - 5/30/25

The framers of the Constitution did not grant courts, such as the International Court of Trade, the final authority on matters like tariffs, reserving that power for Congress. The Constitution gives Congress broad authority over taxation and spending, and through a 1977 emergency law, it delegated certain tariff powers to the president. Courts lack the constitutional basis to override such delegations. Historical records, including Madison’s notes, the Federalist Papers, and state ratification debates, show the framers rejected giving courts supreme authority, like judicial review, to resolve separation-of-powers disputes.

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