Of course they can! They just did right there. You don't have to accept their argument. You can be a heartless sycophant and reject it out-of-hand because their argument doesn't follow the rules of the very framework they are arguing against. That's your choice.

Progress is being made in both directions on this front. If you truly believe in the law, then argue for it. Considering the fact that the current POTUS is a convicted felon, and the supreme court has practically eliminated all checks on his power, I'll be taking arguments for lawlessness seriously.