He simply pulls it out of his ass.
How do you fight a Government where the other side no longer even holds the separation of powers sacred any longer? What once was something of pride for either side, where even the most liberal of Democrats stood their ground on allowing the Executive to infringe upon their enumerated powers now can be kissed goodbye. Where are living in very dangerous time of imperialism and precedence. 70% of the public is too damn stupid to even see or understand what this is and means.
We are in trouble