Power Struggles: The Battle Between Congress and the Courts

On Friday’s Mark Levin Show, 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. The framers of the Constitution, heavily influenced by Montesquieu, designed a government with a strict separation of powers to prevent tyranny, as Montesquieu warned that combining legislative, executive, or judicial powers in one entity leads to arbitrary rule and oppression. Congress should address this through legislation, not courts through litigation. Also, Sam Antar accused a Politico writer of "reputational laundering" for praising  New York AG Letitia James as a "Shadow Attorney General" in a Democratic shadow cabinet, while ignoring her federal criminal investigation for alleged mortgage fraud. Politico’s omission of the DOJ referral shows the media bias, as James has targeted Trump, notably winning a $450M civil fraud case against him.  Later, the Wall Street Journal reports the decline of America's military-industrial capacity compared to China's rapid growth in the sector. The U.S. has allowed its defense manufacturing and supply chains to weaken due to underinvestment, outsourcing, and a focus on short-term efficiency over long-term resilience. This is frightening.

Learn more about your ad choices. Visit podcastchoices.com/adchoices