There is no reasoning. It's legal word salad. Just like "emanation of a penumbra" was the magic phrase the supreme court used to legalize abortion in all states decades ago. She wanted a certain outcome and she just winged it using vocabulary.
The founders were afraid of an imperial...
Interesting. Some are calling this a "jussie smollett" type of incident. Or as Chappelle would say "juicy smoolay".
https://pjmedia.com/matt-margolis/2026/01/28/people-are-questioning-the-ilhan-omar-assault-story-possibly-with-good-reason-n4948841