liberty. it's hard to pass a law as you know in the congress. and then even if it does get passed, it affects your liberty. a separate body has to decide, usually u.s. attorney's office to enforce the law. that's a separate decision. >> that helps protect your liberty. even if that happens, you go to a court and say i didn't advise that law or the law is unconstitutional or they're interpreting that law in a way not consistent with what the law said the court independently decides that. it's not the members of congress or the executives deciding that. that's how the constitution separation of powers tilts towards liberty in all its respects. now. as to your specific question, senator, one of the things i've seen in my experience in the executive branch and in the judicial branch is a natural tendency, but it's a natural tendency that judges need to be aware of and then respond to