The President's "functionalist" approach strips this power from Congress, claiming that the President may look past Congress's own descriptions of its actions and determine for himself their legal effect.
Courts have described the circumstances where they, the courts, may look past a deliberative body's misleading characterizations, and thereby determine for itself (the Court) and the people involved in the case, the legal effect.
If I recall correctly, one of these was to look at the records to find evidence of a quorum; even when the records themselves imply that a quorum is in fact present.
Ahhh, found it, after some searching. See United States v. Ballin, 144 U.S. 1 (1892), and Marshall Field & Co. v. Clark, 143 U.S. 649 (1892).
If the Court is allowed to look past conclusions asserted by the legislature, into whether or not those conclusions are valid; then I submit that the president has the same power.
Isn't that the proper role of the Court, whereas it is not the proper role of the Executive?
-PJ