> I don't follow this at all. How can "making a fuss" legitimize a perceived problem into objective reality?
Because if the law was actually solving a "problem that doesn't exist," it would be a noop and no one would care. Since people on both sides care, it's obviously not a noop.
Also think about the example I gave before: if the government builds a fallout shelter, what problem was it solving if there's no fallout to shelter from? X doesn't have to be happening right now for people to worry about it, and it's perfectly legitimate for the government to do something within its power to allay those fears. A more contemporary example is climate change: the present-day effects wouldn't justify the kinds of changes that are being demanded. What justifies those changes is the fear of what would happen in 100 years.