By Ellen Kennedy
Kennedy unearths how Schmitt’s argument for a robust yet impartial kingdom supported the maximization of industry freedom on the expense of the political structure. She argues that the foremost fault strains of Weimar liberalism—emergency powers, the courts as “defenders of the constitution,” mass mobilization of anti-liberal politics, ethnic-identity politics, a tradition of resentment and contested legitimacy—are now not exceptions in the liberal-democratic orders of the West, yet principal to them. Contending that Schmitt’s idea continues to be very important at the present time simply because liberal norms are insufficient to the political demanding situations dealing with constitutional platforms as various as these of jap Europe and the us, Kennedy develops a compelling, rigorous argument that unsettles many assumptions approximately liberalism, democracy, and dictatorship.
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Additional info for Constitutional Failure: Carl Schmitt in Weimar
The Verfassungslehre (1928) distinguished among various types of constitutions. ’’∑∑ In Staatsgefüge und Zusammenbruch des zweiten Reiches (1934), Schmitt demonstrates how dualistic forces within the ‘‘absolute’’ constitution of the Republic,∑∏ the pluralism and polyarchy described in Der Hüter der Verfassung (1931), destroyed the Weimar state. ’’ The absolute constitution of the Third Reich elevates and transforms Weimar’s dualism into a harmonious tripartite unity where the state is its static part, the movement its dynamic or political part, and the people its passive or apolitical part.
With that, Bodin detached the question of political domination not only from theology but from justice as well. ’’Ω∑ Schmitt’s theory emphasizes that the sovereign’s decisions are political, not moral, as sovereign authority is political, not theological. It is, rather, the nulliﬁcation of all theological causes in what political order is or how it is constituted. Ωπ The talk began by acknowledging that Brunner’s and Carl Schmitt’s work made it difﬁcult to think of the state as anything but the political organization of nineteenth-century Europe, but Popitz 30 In the Dark Years rejected his friend’s argument as opaque and dangerous.
Two days after his appointment to the Nazi government, Popitz made a presentation to the society entitled ‘‘Recent Developments in Germany,’’ laying out a structural critique of the Republic and arguing that there were only two ways out of the situation, reform or revolution. Reform (by that he meant the presidential cabinets of Papen and Schleicher) had failed; only revolution remained. ‘‘The preconditions for revolution were given, because we had tried to prevent the masses gathering behind Hitler’s national movement from taking part in government.