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Exactly how is that a constitutional consideration, especially one that overrides the text and intent of the Constitution itself, pray tell?
The Washington Post and the Left need a refresher remedial course in basic Constitutional structure of the checks (as in "checking the other branches' overreach", etc.) and balances of governmental power. I'm not sure what Roberts needs.
Sounds like they're at least addressing the separation of powers issue here from an administration that seems to have completely abandoned the notion. (I know Obama personally despises the constitutional dissipation of government power and he's taking his administration down that road as quickly as he can. There's no "lame duck" as far as Obama is concerned.)