technically he's correct....
but wow could you imagine the uproar from BOTH sides of the aisle?
I don't know if this is entirely based in reality but it's a nice idea.
"technically he's correct..."
No, technically he's not correct.
Law is not math. There is no appeal to a book of axioms and mathematical proof to bind outcomes.
Law is the exertion of political will. There's no will, nor anything like the will, to do anything of the sort. There is, meanwhile, Supreme Court precedent that describes the balance of power between the branches, and everybody follows that. Because it's the law.