[mpyne]

The founders of America did no such thing. You should go read the Constitution yourself to verify, but I only know of the state of insurrection/rebellion or domestic attack as being mentioned explicitly by the Framers, and that was only in the context of suspension of habeus corpus.

If you look at the link you posted you'll see that the verbiage about "national emergency" was designed and implemented by Congress as law, not as part of the Constitution itself.