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Congress's role is to be a check and balance on the executive by virtue of its hand on the pursestrings.
This may be an odd route not strictly by the book, and it may very well be setting a bad precedent for future relations between those two branches ... but I believe it's broadly what Congress is supposed to do to keep the administration in line.
(And the precedent the executive branch has set and is setting can hardly be worse for future relations with Congress, so who cares what Durbin does at this point??)
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