My concern is that certain people, even those who I would otherwise count as fellow patriots, would pass any law so long as it hurt the insurrectionists without giving due consideration to the implications.

Your analysis of human systems is essentially perfect. They are flawed and open to hijacking by bad actors and the remedies are themselves flawed in the same way. As you say, legislation must concern itself with the misappropriation of law for sinister ends by bad actors. But, as the downvotes on my original comment demonstrate, such a guarded respect of the law is less popular than merely using the law to smash your foes without regard for the consequences.