‘Gillam cited the separation of powers between the Legislative and Executive branches outlined in the Constitution, and particularly Congress's power of the purse, in making that determination.
“The position that when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic,” he wrote.’
Correct.
Well...in all honesty, America has never seen the invasion level it is seeing today.
So, things are not really "the same". A different response is needed in extreme circumstances.