@futurebird So ... this is the exact argument, in reverse, that I've been having with people about entities like the Federal Labour Board, FCC, FDA, etc.
Starting with the labour board they were jammed through as "technically legal" after FDR personally pressured the supreme court to accept the commerce code excuse.
From the perspective of a non-American it looks like this is just how it goes. One "side" bends the rules egregiously, while complaining about the other "side" doing it. Rinse and repeat.