sideeki -- strictly speaking, or in theory, at the end of the day none -- BUT the reality, the way it works, is that the Congress can pass anything it wants, and it is then up to Supreme Court to do its job -- . . .
I'd really like to see a newly Democratic Congress do something that under the Constitution it does have the power to do and that the President has no role in and cannot veto -- impeach, convict and remove from the Supreme Court any Justice who commits the 'high crime or misdemeanor' of failing to vote to uphold the plain meaning of the Constitution against obviously unconstitutional legislation -- this new detainee/etc legislation providing an obvious test for the current Justices to either pass or fail -- yeah, that'd be playing with dynamite in any number of respects -- but if not now, with respect to this ridiculous new legislation, then WHEN? -- . . .