Comment Re:Plausible deniability is better (Score 1) 162
For practical purposes this is accurate. Ostensibly, however, the US government is supposed to exist only for the purposes of securing our rights. If logical or moral consistency were relevant, as soon as they claim to be "outside the bounds" of the constitution, there is no longer any justification for them to exercise power at all.
Which leads to the real life outcome that if they can get away with it, then they can get away with it.