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Would unconstitutionally undermine the power of the executive branch to perform its functionmism while barbara govee the same? it would be the same, certainly it would. and it would point to the legal counsel opinions and say, look, this has been decided twice by previous administrations. but that s not binding on the courts either. so the courts get to recess the question on their own. got it. and decide whether they agree with the office of legal counsel determination on this question. now, you have to remember, the office of legal counsel lawyers are effectively the president s lawyers, right? so they re making a decision for the executive branch, and they are looking at the law and they re trying to render their best opinion, but they are acting as executive branch lawyers. so a court is going to come in with a more objective position, it s going to look at all the law and the facts and make a determination in that case,