In a letter to his brother,Eisenhower described the Tea Party & the possible effects on the country

[merrily]

12. That is not what he said, though.

And, I don't think it was accidental.

I think his brother, whose letter we do not see, was castigating him for being too much like FDR and HST and not ending Social Security and their other policies. Apparently, his brother is saying they are unconstitutional policies.

And Ike is defending himself to his brother by passing the buck to the Supremes.

BTW, I disagree that the Executive Branch can act as it choose unless and until the Supreme Court says otherwise. That was Gonzo's position about Bushco. However, the President takes his own oath to protect and defend the Constitution, the only person in federal government required by the Constitution so to do.

So, IMO, he has to make a good faith determination about the Constitutionality of every action he takes, including every bill he signs. And, by good faith, I don't mean getting the current equivalent of Yoo and Bybee to sign off on it.