[sparklite2]

It’s unconstitutional unless approved by Congress

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If something is unconstitutional, can the stamp
of approval from Congress make it constitutional?
Does not the Constitution reserve to the USSC
decisions on constitutionality?

[jazusamo]

I believe what von Spakovsky refers to as unconstitutional is the fact Obama did it with an executive order whereas Congress can do it constitutionally.

[itsahoot]

Does not the Constitution reserve to the USSC decisions on constitutionality?

Not really, the Congress can and has passed laws not subject to Judicial Review. Opinions vary on FreeRepublic, but it is still a fact, and they have done it over a hundred times.