Metaphoreus
This is semantics, and nothing more
So Obama should decide to do the Supreme Courts job when he thinks its appropriate?
I aint no constitutional scholar but that sounds pretty fucked up to me.
The job of interpreting the Constitution and acting pursuant to its provisions belongs to each branch of government. For this reason, when the Court considers a statute passed by Congress, it usually begins by presuming the law is valid (since Congress and the president obviously thought it was constitutional), and requires the person challenging the law to prove that it isn't.