[dctoedt]

> In your construction, all the work is being done by your use of the word “available.”

In your construction, all the work is being done by "the." OK, let's play the same game, this time with the word executive: Suppose that Congress, using its authority under the Necessary and Proper Clause, creates separate governmental agencies — not subject to plenary presidential supervision — and gives those agencies the power to carry out specified tasks. You're complaining that this falls within the definition of "executive" power and thus must be presidentially supervised. The obvious response is: OK, we won't call it "executive" power, we'll call it something else. Word games? Sure, but that's what you're doing.

But, someone might respond, the term "executive power" must be interpreted today as it supposedly was understood by the Framers in 1787. That ipse-dixit contention is purely a matter of what Justice White aptly referred to in Roe as "raw judicial power" — and recall that after Dred Scott, a more-extreme version of such a contention was finally resolved at Appomattox as the culmination of four years of bloody civil war.