I wonder if Adrian Vermeule thinks the old laws forbidding the killing of Harvard law professors in the interest of the common good should also be overruled.
Paine on War
"It may with reason be said, that in the manner the English nation is represented, it signifies not where this right resides, whether in the Crown, or in the Parliament. War is the common harvest of all those who participate in the division and expenditure of public...