And that is why we have a balance. The legislature can change the law to be more explicit if they don't like the judicial interpretation. Our system ONLY works if judges have this power.
To answer your other response to me- the German judiciary works much faster with government actions, no reason the American one can't do the same. A lone judge could simply refer possible constitutional violations to the appellate court, which is totally free to issue an emergency declaration while it ponders the issue- courts do that every day