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The Framers did give us a remedy, though, and the remedy is not a frivolous lawsuit that the federal courts will no doubt reject as a political stunt. The remedy is removal from office. This is not to be undertaken lightly, as was the case when this remedy was last used. It is the remaining constitutional means to save the freedoms the Constitution was intended to guarantee.

The choice is between two more years of government by decree or two years of prosecution. It is a choice the president has imposed upon us all.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is an analyst for the Fox News Channel. He has written seven books on the U.S. Constitution.