What if precedent gets set this year that allows the next time we have a D president they declare the wide circulation of firearms in the civilian population of the U.S. a "National Emergency" based upon ~10K homicide deaths annually?
It might be valuable to consider and conjecture a few steps ahead....
That would not be nonjusticiable (look it up in the context of political question doctrine), so the courts would be obliged to stop such an action based on the Constitutional protections it violates. Not so with the president's delegated power and duty, under that very same document, to defend the border against invasion by whatever means necessary, and without the Constitutional necessity for the approval of either of the other two coequal (look that up, too) branches of government.
