Technically, you are correct.
America's constitutional government was suspended right after September 11, 2001, and each president extends that emergency every Sept. 11, enabling him to do what ever he wants over the wishes of congress with the stoke of a pen.
This is what makes every president immune to impeachment since September 11, 2001. We are now under an electoral dictatorship and a police state.
OTH, most folks are not aware of this. If you ask the average Joe on the street, "Hey, is the nation in a state of emergency allowing police state powers and the suspension of Habeas Corpus?" The would all probably say no, and believe that their representatives in congress have the final say.
Dismantling that illusion and waking folks up the the C.O.G. nightmare power grab of the Deep State might have some dire consequences at this point. Especially with all these SJW's lurking about.