Seminal issue with TSF's EO's (or any President's EO's):

[no_hypocrisy]

The term "Emergency".

It's more subjective than objective.

In other words, there is no defined legal standard for what is universally recognized as an emergency.

Pre-Trump, it was easily recognized and understood with multiple deaths, terror in the streets, property damage, "carnage" (to use his term), homes destroyed, societal and social mayhem, riots, no modicum of safety.

Now, "Emergency" is an emergency because it's proclaimed.

Akin to me pronouncing it's an emergency if I can't find my checkbook. It doesn't affect anyone but me, but it's an emergency and Life stops until I find it, and maybe not even then.

[Prairie Gates]

1. The state of exception becomes the norm

Only the sovereign can declare (or recognize) the state of exception. It may seem distinct under Trump, but this is in fact the basis of Western political sovereignty. All fascists (e.g., Schmitt) have recognized it and acted on it.

[no_hypocrisy]

2. Even though I'll always believe that the Nazis burned down The Reichstag,

there was something bad to base Hitler's takeover of the Government and Germany. Not just Hitler saying so. (Not that I want Proud Boys to have a pyromaniacal spree . . . . )

[Walleye]

3. Emergency should be legally defined as "clear and present danger"

Clear and present