It's actually not up to the legislature anymore. And that's a huge problem in this country. The legislature exited stage left by handing way too many powers and responsibilities over to the executive branch. Now the courts determine if the executive branch has been previously allowed by congress to do something stupid or not. By the time the legislature can agree on exercising power on one item or another, the shit has already hit the fan.

It doesn't need to be a coup. Congress sold us out to presidents long before most of us were born.