Here’s a too-clever-by-half lawyerly attempt to criticize the Bush Administration’s DoJ. The author leaves out both politics (elections) and constitutionalism (with the tensions noted so well here). Stated another way, he assumes (either simplistically or politically) that the rule of law is merely mechanical, not also human and prudential (as both Hobbes and Aquinas, cited by the author, recognized). The example I give my students, and one that they immediately understand, is that even police officers make judgments about how to enforce the posted speed limit, subject as well to directives from their higher-ups, who occasionally call for stricter or looser enforcement.
Hat tip: MOJ’s Rob Vischer.