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States of Exception in American History - Chicago Scholarship Online
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States of Exception in American History

Gary Gerstle and Joel Isaac

Abstract

Any discussion of the most fundamental of political decisions has to reckon with the towering figure of the German legal theorist, and jurist for the Nazi regime, Carl Schmitt. Schmitt is widely thought to have shown that emergencies pose a profound challenge to the principles of liberal constitutionalism. But what happens when liberal regimes such as that of the United States face emergencies that appear to demand the suspension of legal rules? By definition, there can be no constitutional rule that governs the decision on when to suspend constitutional rules, since such a paradoxical rule—a ... More

Keywords: Carl Schmitt, liberal constitutionalism, legal liberalism

Bibliographic Information

Print publication date: 2020 Print ISBN-13: 9780226712291
Published to Chicago Scholarship Online: May 2021 DOI:10.7208/chicago/9780226712468.001.0001

Authors

Affiliations are at time of print publication.

Gary Gerstle, editor
University of Cambridge

Joel Isaac, editor
University of Chicago

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