*There is value in having Congress, the President and the Courts singing from the same hymnal.*
But once congress gets the idea they can authorize something, they will also get the idea that they can later UNauthorize it.
Good point. Maybe better to have the Court handle the debate, instead of Congress. Naturally, they won't handle it until a case appears - I'm not suggesting that they get involved in advance.
At some point, the branches of government butt heads. It's the nature of our form of government.