Explain To Me Again Why There Has To Be A Test?

Kagan: How about if the president orders the military to stage a coup?

Sauer: If one adopted the test we advanced, that might well be an official act pic.twitter.com/aABeWLxbyy

— Acyn (@Acyn) April 25, 2024

"Treason doth never prosper; what’s the reason?

For if it prosper, none dare call it treason.”

My literary way of asking, if a coup d’etat is the test, isn’t it too late to apply it?

“How many troops does the Court have?”

All of these “tests” apply after the fact. At what point is it too late to apply the next test?