I'd say you've gone a step too far claiming Congress decided this was OK simply b/c of the way they drafted the INA. That's like saying Congress decided 50+ years ago that it's OK now for Trump to use the 232 trade law against German cars.
Would you actually be in favor of a wholesale repeal of that exception? Or rather something like 72h notification window, and a forced vote confirming exceptions after ~60 days or such?