My impetus in posting this article was in hoping for intelligent discourse with the people of HN whose differentiated opinions I value. I consider the system o

My impetus in posting this article was in hoping for intelligent discourse with the people of HN whose differentiated opinions I value. I consider the system of laws that we use to govern ourselves similar to the logic of code. I want to understand how this "OS" of our society works in controlling access to power, how it's being hacked and abused, and where its vulnerabilities are. Consider for example that the Nazis were able to legally take over the Weimar Republic, based on the first iteration of a democratic constitution of Germany. This constitution was put in place after Germany lost WWI, and it didn't hold up to the political assault. The EPA case appears to undermine the separation of powers, a crucial aspect of democracy to prevent abuse of power. The last paragraph: In the constitutional crisis we are entering, the court combines all three powers—legislative, executive, and judicial—to limit the scope of federal power. It exercises legislative power by rewriting statutes to remove authorities and structures it doesn’t like. It exercises executive power by interfering in the executive branch’s administrative process before final action is ripe for review. And it exercises judicial power by freeing private parties from government health and safety regulations. As James Madison, French philosopher Montesquieu, and even Roberts himself have noted, such a combination of powers creates the risk of tyranny. It enables an unelected body to exercise arbitrary and unaccountable power. The real threat to republican government today is not the administrative state. It is the court.