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Because the condition that would limit it is thus far unrealized.
That condition is what? And on what authority are you basing that opinion?
How thorough was your search for legal opinion about the authority granted to a President that would be relevant here?
You'll have to make a point before I can answer your question. I've cited my work, there are others out there I haven't cited who agree, at least one of the experts wrote a book on EP, others are well known attorneys, many of them serving in the WH for various Presidents - they all say the same thing. You appear to be questioning the authority I've cited when you're still at the ZERO evidence of any kind stage. So not sure what else to say.