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Tuesday, December 27, 2022 7:27:55 PM
constitutional law, the American executive seeks to exercise power
outside the law and the adjudications of the courts. . . .
Constitutional law, however, developed precisely to bar this sort of
consolidated extra- and supralegal power. . . . The [English]
constitution . . . clarified that the government had to rule through
regular law and adjudication. Indeed, it was understood to place the
lawmaking and judicial powers in specialized institutions and to
subject these powers to specific processes and rights.
Americans echoed all of this in their constitutions. They made
clear that their governments enjoyed power only under the
constitutional law made by the people and that the law of the land
was supreme. They specified that their governments were to
exercise legislative power through the acts of their legislatures, and
judicial power through the adjudications of their courts, and they
subjected these powers to constitutional processes and rights. . . ."
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