Classical liberal theory, as exemplified by the Framers, divided executive action into two spheres: normal constitutional conduct, inhabited by law and universal rules; and a realm where universal rules are inadequate to meet the particular emergency situation and where

fixed principles of law must be replaced by discretion and politics. The recognition of emergency power evidences an awareness that universal rules might be inadequate in a particular emergency. The answer provided by the Framers was not to discard universal principles by

providing exceptions for special emergency situations, because making, as a matter of positive law, numerous legal exceptions or inherent executive constitutional power to meet every conceivable emergency would have undermined the distinction between emergency and non-emergency

actions. Instead, the Founders separated emergency rule from the normal constitutional order, thus placing the seal of the rule of law upon our organic law while providing the executive with the power, but not legal authority, to act in an emergency.