This is where many intelligent and well-intentioned Americans get into trouble.
Someone discovers natural law, common law, jurisdiction, constitutional rights, sovereignty, equity, an important court case, or a notice someone else says he used successfully. Suddenly an entirely different understanding of law seems possible.
Then comes the temptation: “If that worked for him, I’ll do exactly what he did.”
But liberty is not imitation, and self-government is not a collection of magic words.
A legal argument can succeed for one person and fail for another. A principle can be sound while the procedure used to assert it is wrong. The right argument can be made at the wrong time or in the wrong forum.
An official can even exceed lawful authority while possessing the practical ability to arrest, fine, seize, penalize or otherwise cause harm before that conduct is successfully challenged.
Institutions, statutes, judicial doctrines and administrative practices change over time. Government actors adapt. Customs and expectations change. An argument that produced a particular result decades ago may be treated very differently by another official, agency or court today.
That does not make liberty obsolete.
It makes knowledge, judgment and responsibility indispensable.