United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936) in a 7-1 ruling said that the Presidential power regarding foreign affairs aren't necessarily limited to the enumerated powers in the Constitution, instead deriving them from national sovereignty.
I infer this case as giving Trump to power to invoke the act as Curtiss-Wright grants him wider latitude on foreign affairs.
Justice George Sutherland wrote:
"The broad statement that the federal government can exercise no powers except those specifically enumerated in the Constitution, and such implied powers as are necessary and proper to carry into effect the enumerated powers, is categorically true only in respect of our internal affairs. In that field, the primary purpose of the Constitution was to carve from the general mass of legislative powers then possessed by the states such portions as it was thought desirable to vest in the federal government... It is no less true that the federal government, except as restricted by the Constitution, has all the powers of sovereignty in international relations." (299 U.S. at 315-316)"
Given that TdA are citizens of a foreign country, Venezuela, you could argue that it is a foreign affair, and as such is a predatory incursion.
Justice Sutherland also wrote:
"Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation." (299 U.S. at 319)
I infer that to be deference to the executive to determine what is a threat and on matters of national security.
Also Sutherland:
"It is quite apparent that if, in the maintenance of our international relations, embarrassment—perhaps serious embarrassment—is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved." (299 U.S. at 320)
I would guess here Sutherland is arguing for flexibility for the Executive in conduction of foreign affairs.
