Can we draw the following hypothesis from the context (see options)? 

Context:

Well, I think again that illustrates why the authority is vested in Congress to make these judgments rather than in courts to make these affect whether the judgments, because we're not talking about the effect on an individual author, or an individual creator. What the Framers of the Constitution were concerned about is a gross judgment with respect to what might generally provide incentives to the population --

Hypothesis: Congress has not never been given any power to make judgements.
Options are: (1). Yes. (2). It's impossible to say. (3). No.
(3).