Despite our oft-stated aspirations to be nations of laws, not of men, I’ve always thought it clearer to see Britain and America as bodies politic, not legal communities. In the United States, even in our most fundamental rights and duties under the Constitution, we are more governed by popular will than guided by the law. A good example of this (some might wish to say, a timely example of this) is impeachment. A few months back, I published a book called Faithless Execution, about President Barack Obama’s systematic lawlessness. The burden was to examine how the United States Constitution...


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