Word: constitutionalization
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Perhaps this analysis shows too much relish for successful violence and underestimates the power of goodness. I do not want to be dismissive of “American values.” But, again, what are they? It seems clear that both rule of law and strong executive power are...
Let us look at the basics of the Constitution with a view to recent controversy. It is often said that the Constitution establishes the rule of law, and that is true, but only in a way. It also establishes a strong executive power, with a president elected by the people...
Now the Constitution contains both the desirable and the necessary; it maintains the rule of law through Congress and the Supreme Court, and it provides for extra-legal necessity in the executive. Because the Constitution is a law, a law above ordinary law, it gives its blessing to executive power...
How do we know when to follow the rule of law and when not? The Constitution gives no answer valid for all circumstances but instead, through the separation of powers, sets up a debate between the three branches of government, each of which has its typical argument against the other...
The Constitution intends that this debate never end, and it is naïve to think that one side should always win. But most of the naïveté is on the side of the rule of law, whose temporary supporters today are willing to shoot amateur pirates but...