Reply #148: As you know Youngstown only comes into play when

[seattleblue]

Presidential actions and congressional statutes are in conflict. Presidential authority is strongest when a statute permits him to take an action. Here the statute does permit him to issue a EO. The president can halt military separations under 10 U.S.C. § 12305. Under the law “the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States” during a “period of national emergency.”

I think in wartime (which now is all the time) a president could get away with defining a national emergency however he wanted to and nobody would seriously challenge him on it.

As far as exempting Congress from doing their job, yeah they would probably use it as an excuse to do nothing. But how would that be different than right now when they are doing jackshit about the issue?