Mark correctly argues that private parties cannot bring separation of power cases to these courts as separation of powers questions are resolved through Congress.
That is one of the dumbest positions I have ever heard. Of course the people who have to pay a tax are allowed to challenge the tax. If they do not pay the tax, they will go to prison, are you arguing that they cannot challenge being sent to prison?
Obviously, the importers have a legal standing to challenge the law, because they have to pay the taxes.
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 Framers of the Constitution definitely gave the right to redress in the courts when taxed.
but tariffs are part of trade and treaty powers and thus clearly firmly under the sole authority of the president.
The Constitution clearly says that duties(another name for tariffs) are under the sole authority of the Congress. It goes on to say Congress has sole authority over trade, and taxes in general.
The president has to consult with Senate, and get a two thirds support from the Senate over treaties. But, treaties would not generally raise tariffs. You end a war with a peace treaty, but it would be odd to start a war with a war treaty. When the Japanese bombed Pearl Harbor, the USA unilaterally responded by declaring war. We did not negotiate with the Japanese to declare a war treaty. The same is true with a trade war.
the president handles trade agreements.
So all foreign countries have to do is not agree, and your whole argument falls apart?
It is about INTERSTATE commerce. Not foreign trade.
[The Congress shall have Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
So when the Constitution says "foreign nations", you think it was just a joke?
Blockading ports are universally considered acts of war,
Fort Sumter did not blockade the port, so you have no point.
heads of state murder people over Jay walking laws too.
That would be a bit extreme.