Can constitutional powers be misused? You bet.
Do we want a warrant and hearing required for every firefight in Afghanistan? I thought most freepers believed the ROIs there are too strict at the present time.
My point, to the extent I have one, is that not every potential misuse of government power can be prevented by requiring a court hearing. In fact, I’d contend the over-legalization of American society is a huge problem.
Who even implied that?
Seriously, that's just stupid.
Can constitutional powers be misused? You bet.
And so can contra-constitutional powers — actually it can be harder to fight extra-constitutional powers, precisely because they're outside the confines of the Constitution… and oft they are legally justified on precedent, elevating precedent above the Constitution.