[Chunga]

The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power,

BZZZT...the choice is clearly wrong and is also a display of arbitrary power, in which case the discretion does not belong to Congress.

Congress may not enact unconstitutional laws. It is the argument of conservatives like Jim DeMint and Mark Levin that Obamacare is unconstitutional.

Thanks for playing, Johnny Screenname. LOL.

[Mojave]

Congress may not enact unconstitutional laws.

If you think it's unconstitutional, ask your congressional representatives to repeal it.

"We have no power per se to review and annul acts of Congress on the ground that they are unconstitutional." -- Commonwealth of Massachusetts v. Mellon, 262 U.S. 447 (1923)