How Very Modest the Rule of Law Turns Out to Be

“Lawmakers cannot reverse wrongdoing that has already occurred. But they can express outrage (in a resolution or on the floor) that the president saw fit to usurp Congress’s power to set the ground rules for secret surveillance.”
–From legal commentary by NYU law professor Noah Feldman in the NYT Magazine 2/5/06
DKo: Similarly, when a Mafia boss is found to be carrying out a program of murder and mayhem, the law “cannot reverse wrongdoing that has already occurred,” it can, however, express outrage–exerting pressure to cease the murder and mayhem in the future.


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