There is nothing in the Constitution and ALL LAWS passed in persuance of the Constitution that deem this emegency contingency unconstitutional.
There is nothing in the Constitution and ALL LAWS passed in persuance of the Constitution that deem this emegency contingency unconstitutional.
We're starting from different base points here. Jurisprudence (sp) is fine and well, but the Constitution is the supreme law of the land. There are no mentions of COG in the Constitution, ergo the task falls to the states via the 10th amendment. Sorry, no lawyerspeak here, regardless of how much they use it.
I think the problem is that you are approaching this as a "what isn't forbidden is permitted" the FedGov via the Constitution. That viewpoint is not correct. What is not permitted is forbidden the FedGov via the Constitution, which is the whole reason the 10th Amendment was ratified in the first place. Look it up.