Unconstrained deciders can supplement but not replace legal arguments [definitional]
The available forms of argument are different for those deciders who are confined to legal argument-like government officials sometimes are-and those who are not. Sometimes, as in the confirmation example, the forms of legal argument (here, the text) will direct the decider to enlarge her list. And sometimes those deciders who are not so limited-the People, for example-will wish to consult the specifically legal forms, as I shall discuss below.
DEFINE: The passage distinguishes between deciders confined to legal argument forms (government officials) and those free to consult other forms (the People), establishing a key conceptual distinction.
Philip Chase Bobbitt, Philip Chase Bobbitt - Refl…, loc. 496