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During a cyberattack on the national rail system, the President issued three executive orders. Order 1 directed the Secretary of Commerce to seize and operate privately owned server farms that host rail-dispatch software, even though Congress had considered but rejected a statute authorizing such seizures. Order 2 suspended payment of cybersecurity grants that Congress had appropriated and directed "shall be paid" to states meeting specified criteria, because the President believed the grant program was wasteful. Order 3 directed federal prosecutors to prioritize cyberattack prosecutions and temporarily defer low-level computer-trespass cases to preserve resources.
A server-farm owner, a qualifying state, and a defendant in a deferred case challenge the orders. The President argues that the emergency, national security, and executive enforcement discretion justify all three actions.
Analyze the constitutional issues under Article II and separation-of-powers principles.