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Wednesday, May 21, 2025

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Bill,

Here’s a question for the philosopher’s mill: Do tens of millions illegal aliens in our country constitute a Schmittian “state of exception”? if I remember my Schmitt, one of his criticisms of liberal constitutionalism is that it, in its seeking of legal regularity and uniformity, remains woefully unable to anticipate and therefore deal with the sorts of unique existential crises that inevitably occur and are by nature “exceptional” and require making steely choices between “us” and “them.”

For my eyes, all this hectoring and judicial obstruction about “due process” from the left presupposes that aliens get all the same constitutional legal protections as the rest of us, rendering them by gavel both as de facto and de jure citizens. But surely this is absurd. Again, referencing Schmitt, how could the Founding Fathers really anticipate that their descendants would be so decadent and foolish so as to permit tens of millions of illegal aliens into the country they were founding, and that this Constitution they were drafting was meant to apply equally to both the citizens and those same tens of millions aliens, thus simultaneously exploiting and subverting the very legal order they were setting up?

Apparently, the implication is that our Constitution is a suicide pact. It doesn’t exist to serve, differentiate, and secure the common good of a particular people/nation, an American nation. It exists to defang us politically — in very much the Schmittian sense of friend v. enemy — where it’s forbidden even to distinguish between the bastards from Tren de Aragua and MS-13 from the rest of us and then act accordingly. It really seems like these days judges and lawyers, not the people, are sovereign because they are the ones who decide when and to whom the laws apply, i.e states of exception, granting clemency and leniency to the alien and the criminal while enforcing the COVID lockdowns and facilitating the prosecution of the Democrats’ popular opposition in Trump, who is the avatar of the “Deplorables” intended to reclaim their country.

Or am I, as a post-liberal, a statist authoritarian in waiting? I’d appreciate your thoughts.

And sorry about the HTML tag errors. I wrote my comment on my phone, so please excuse my fat fingers.

Ben and others:

Please do not use HTML code unless you understand it, and are VERY CAREFUL to turn off any commands that you turn on. If you fail to do that or do it improperly, and I fail to catch your errors before approving your comment, it screws up the display of everything 'south' of your comment, both in comboxes and in main posts, and makes work for me.

Do you want to signal that a word or phrase is from a foreign language? Enclose it in asterisks, like this: *de facto,* *de jure,* *ex opere operato,* *Freund und Feind.*

That's a fine comment, Ben. Well said!

Ben,

You've got me re-reading books by and about Schmitt. More on this topic later, I hope.

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