"It's important to do that, to keep that debate going, but ultimately I think we have to recognize the court makes the decision as to whether something is or is not constitutional," he said. "If your point is, this is not constitutional, as a member of Congress it's actually not ultimately your decision. The courts have to decide it. That's their job."
Mark C. Alexander, a law professor at Seton Hall University, said the back-and-forth is a debate worth having, adding that lawmakers should ponder whether what they are doing is supported by the Constitution.