I find it interesting that people still think that a spoken or written proclamation is identical to forcing compliance with one's will. If there is a fatal flaw in any system of control, it is in thinking that merely changing what those rules or regulations or proclamations are will itself be sufficient to remedy undesired results.
It's not. It never has. It never will. The real power is in enforcement--in action--and not in deliberation or judgement. This belief is naive and not to be found in the world's elites, or in their counterparts in the underworld. Just as the Rule of Law is not a suicide pact, neither is it (when it works) denying reality; its efficacy relies on possession of might superior to all that challenge it, same as any other governing regime.
John Marshall has made his decision, now let him enforce it!
The reason that the dividing line is between speech and action is because speech is nothing until you act on it. Words are meaningless without deeds, and don't lie and say otherwise because you know that's true. You can talk all the shit you want. You can pontificate on all the principles you like. You can stand forth and proclaim the Good News until the day you die. If no action comes of those words, then they were never spoken at all.
So let the black-robed priests of the Law Cult waive their papers and declare Black is White. They are voices without flesh, and rely on others to give their words substance. Let the deliberators consider this, that, the other thing, and stuff. Even their possession of the purse no longer holds the power it once did, and otherwise they too are without substance. Only he who acts has power; everyone else merely appropriates that power by fooling the actor otherwise. The mindful, aware actor is the most powerful man alive- and Empire fears him and him alone.