I think the opposition between constitutional and extra-constitutional conceptions of power is artificial. Most of the most audacious things contemplated or attempted by the Trump administration like ending birthright citizenship or trying to overturn the election had
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This strikes me as a bit of a dodge. Authoritarians in the US and outside typically justify their maneuvers with legal arguments. But there’s a qualitative distinction between fringe arguments like Anton’s birthright citizenship essay (or Yoo’s torture memos), and settled conlaw.
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The torture memos made policy didn't they?
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Exactly. Sadly, this thinking is also built deep into the infrastructure of today’s center-left.
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