Patterico's Pontifications


Is the Mere Existence of a Law a Sufficient Reason to Use It? Ask the Resistance!

Filed under: General — Patterico @ 11:00 pm

After Alan Dershowitz said that Andrew McCabe’s musing about using the 25th Amendment to the Constitution would be “unconstitutional,” all the Smart People derided Dershowitz:

Ha, ha, get it? Invoking the 25th Amendment can’t be unconstitutional because it’s in the Constitution! It doesn’t matter that McCabe’s proposed invocation of that provision would be bogus! The provision is there! And that’s all you need to know!

But these same Smart People are saying that Trump can’t just declare an emergency! It’s unlawful!

But Congress gave the President the power to declare an emergency. The provision is right there in the law! All of a sudden it matters whether someone is invoking the provision in a way not intended by the drafters?

If I didn’t know better, I might think that the Smart People aren’t being entirely consistent…

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