From a historical point of view, it is ironic that a young senator from Illinois who campaigned in large part agains the Iraq War and who showcased his credentials as a constitutional scholar would be the handmaiden of the permanent “state of exception” described by the National Socialist philosopher Carl Schmitt, who argued that sovereigns should have the right to suspend the legal and juridical constraints of their societies so that they may act outside of law. This is the opposite of the legal constitutionalism that forms the philosophical basis of the American legal order, which can be summarized with the words of Edward Coke: “The King himself should be under no man, but under God and the Law.”
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