Incorrect. Many of things the government does today are done either within or outside of specific purported statutory authority (in the latter case, if there is a theoretical justification, it relates to inherent powers of particular offices that do not require legislation to activate) outside of the scope of theories of justification that have been challenged in the courts. Its also quite likely that at least some things government does today are things that have been rejected by the courts in the past -- and which would be again if they were challenged again (certainly, it stretches credibility to claim that, despite all the past missteps, many of which involved repeats of the same violation, the government has just recently become perfectly compliant.)
