Constitutional Theory

From page 191 of Reinhard Mehring’s Carl Schmitt: A Biography:

Schmitt defines the state as the ‘political unity’ of a people and interprets the ‘positive’ constitution as the ‘complete decision over the form and type of the political unity.’ Every people with a political will decides for itself about its ‘form of existence’ and gives itself a legal constitution. A people with a political will (to the self assertion of its political unity) Schmitt calls a ‘nation.’ A nation makes a ‘state.’ This concept of the constitution aims at the ‘homogeneous’ national state.

Pg. 218: “I also believe that the Jews ‘of the tribe’ are not liberal; but their concrete situation among the other peoples forces them nevertheless to declares the ideas of 1789 as sacrosanct. Any minority must insist on the sanctity of liberal principles.”

Pg. 224 reveals Carl Schmitt had an affection for the Luke Fords of the world: “Maybe some quick and flexible individuals will succeed in performing the trick of preserving their freedom between the many powerful groups, the way one jumps from one ice floe to the next.”

Pg. 396: “There is no doubt that Schmitt considered genocide and the Holocaust as crimes. But he would remain silent about it through his life.”

411: “Thus, it was personal outrage over Schmitt’s turn to National Socialism which led to his detainment. It was his Jewish acquaintances from the Weimar period who made sure that Schmitt was considered and treated as a perpetrator after 1945.”

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NYT: Hillary Clinton’s Supporters, Once Certain of Victory, Now Racked by Doubt

New York Times: Beside the olive display at Zabar’s, that iconic hub of lox and neurosis on the Upper West Side of Manhattan, Linda Donohue was trying to talk herself down.

Surely the polls she tracked anxiously were not to be trusted, she said. Surely Donald J. Trump, the man with the garish golden tower across town, would not be allowed to reach the White House.

“We have to have more faith in the American public,” said Ms. Donohue, 61, a longtime New Yorker now living in Seattle.

A man behind her could not suppress a loud snort.

Then Cathi Anderson, who was shopping with Ms. Donahue, mentioned yet another distressing poll, this one from Ohio, which showed Mr. Trump ahead. Ms. Donohue nodded grimly.

Just in case her faith in the American electorate was misplaced, Ms. Donahue said, she had retained her Irish citizenship.

For both parties, every election can feel like the most vital of a lifetime, the one day standing between a still-proud nation and its imminent demise. Among liberals, there is an especially rich tradition of “bed-wetting,” as even some practitioners call it, at the faintest sign of shakiness from their candidate.

But as Hillary Clinton lurches toward Election Day, her supporters at times seem overwhelmed by a tsunami of unease, exacerbated by Mrs. Clinton’s bout of pneumonia and a slow-footed acknowledgment of the illness. They are confronting a question they had assumed, just a few weeks ago, they would not need to consider in a race against the most unpopular presidential nominee in modern times: Could Mrs. Clinton actually blow this?

“It’s like someone dropped ice water on the head of America,” Julie Gaines, the owner of Fishs Eddy, a home goods store in Manhattan, said of Mr. Trump’s increased odds. “Everyone sobered up. This could happen.”

The creeping dread has accelerated in recent days, reaching critical levels even by Democratic standards.

Mrs. Clinton became sick. Several polls tightened to the margin of panic, with Mr. Trump overtaking her in surveys in Ohio and Florida. And even as Democrats hoped on Friday that Mr. Trump’s latest gambit — seeking to distance himself from his long history of “birtherism” — would backfire, there is a fear that no scandal can sink him.

A cartoon in The New Yorker captured it best: A woman sits in her psychiatrist’s office, perspiring in distress. The doctor scribbles on a pad. “I’m giving you something for Hillary’s pneumonia,” the caption reads.

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Trump is doing everything right—including letting Jimmy Fallon mess up his hair

Jake Novak writes on CNBC:

I suppose people have had better months than Donald Trump has had so far in September… maybe that guy who’s won the Florida lottery seven times, or that baseball star who’s engaged to Kate Upton. But Trump’s surge to the lead in several national polls plus a clear softening of his image in the media seems almost impossible to fathom, even for his most ardent supporters…

And the pièce de résistance happened Thursday night on “The Tonight Show Starring Jimmy Fallon.” Trump not only cracked jokes and seemed self-deprecatingly likeable, he even (gasp!) let Fallon mess with his hair! Video of that hair tussle is already going viral on Internet, (“Jimmy Fallon” has been #1 trending on Twitter since), making the image something akin to Bill Clinton playing the sax on the old “Arsenio Hall Show” in 1992. Yes, both scenes are similarly intellectually meaningless, but they’re still politically potent. And because Trump has been such a media punching bag and pariah, this moment could be even more helpful than Clinton’s was 24 years ago.

Ten-point surges don’t just happen overnight. It’s much more likely that Trump’s relative weakness in the earlier polls was a result of voters leaning towards him, but not being ready to say so… even to anonymous pollsters. But Trump’s softened messages, Clinton’s “deplorables” comment, and her medical scare with frightening video of her looking totally immobilized to go with it have all provided those voters the excuse to finally “come out” for Trump. This phenomenon is well named by Dilbert cartoonist and blogger Scott Adams, who calls these events the “fake because.” They’re “fake” because the voters were always going to vote a certain way, but highly visible episodes make it possible to say: “well, now I’m voting for candidate X because…”

This is more bad news for the Clinton camp, because this means the Trump surge is not the result of some kind of ephemeral or fickle trend. Instead it’s more like the gates of a dam opening that cannot be closed. And it makes sense from another historical/logical point of view. Hillary Clinton has essentially had 24 years in the national spotlight to close the deal with the majority of the voting American public and she’s never done it. Even at the zenith of her polling fortunes earlier this summer, she never broke into truly unbeatable territory on her own. She had been simply skating on the extreme unfavorable impressions for Trump, and now that we’re seeing that erode, Clinton may be trapped for good.

Sure, the polls may fluctuate again and the polling experts like Nate Silver and Larry Sabato are not yet convinced of a Trump victory. But that seems likely to change soon. With every story about Trump’s poll strength that comes out, more on-the-fence supporters are likely to come out to support him.

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Ann Coulter’s IN TRUMP WE TRUST Explains Trump’s Appeal

Washington Watcher writes:

Ann Coulter America’s foremost polemicist, is most recently in the news for (1) unflinchingly enduring unbridled Leftist abuse at a Comedy Central “roast” for someone called Rob Lowe that, if it were anyone else, would have been called misogynistic [‘Roast’ Writers: Ann Coulter Hurt Our Feelings! By David Cole, Takimag, September 15, 2016]; (2) a long interview on POLITICO [transcript] that among other things cited this great quote from David Frum about her book Adios America!: “Perhaps no single writer has had such immediate impact on a presidential election since Harriet Beecher Stowe. ” [Ann Coulter, doyenne of the deplorables, by Glenn Thrush, September 13, 2016].

But, just two minutes ago, the Big Story was that Ann Coulter’s brilliant new book In Trump We Trust: E Pluribus Awesome!had been stepped on by her favored candidate. In the book, Coulter says “there’s nothing Trump can do that won’t be forgiven. Except change his immigration policies.” But as the book was released, Trump appeared to be open to doing just that—saying he might “soften” his position on immigration and let some illegals stay if they paid “back taxes”. [Donald Trump, Wavering on Immigration, Finds Anger in All Corners, by Maggie Haberman & Michael Shear, New York Times, August 25, 2016]

Coulter quipped: “this could be the shortest book tour ever if he’s really softening his position on immigration.”

In fact, however, reportedly in part because of Coulter’s warnings, Trump doubled down on his patriotic immigration reform agenda with his fantastic immigration policy speech on August 31.

This sequence of events further validates In Trump We Trust’s two primary arguments: that patriotic immigration reform fueled Trump’s rise; and that the GOP is doomed if it does not become a “New Trumpian Party” centered around this policy.

For good measure, Coulter peppers her polemic with accurate and hilarious barbs at the Main Stream Media and the consultant class who have failed to both understand and defeat Trump.

…Coulter, of course, predicted Trump’s victory three days after his announcement.

But as with Cassandra, the MSM and the political Establishment still continue to mock her despite her being proven right time and time again.

They will make another great appendix to Ann Coulter’s next bestselling book.

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Regression to the Meme

James Taranto of the WSJ writes:

Hillary Clinton’s campaign has published a parody of Vox, the liberal news site for young adults. Headline: “Donald Trump, Pepe the Frog, and White Supremacists: An Explainer.” Subheadline: “That cartoon frog is more sinister than you might realize.”

It seems that both Trump adviser Roger Stone and scion Donald Trump Jr. tweeted a “meme” (a picture with a slogan) the other day. It depicts a row of gun-toting, black-clad male bodies with faces superimposed over them. They are labeled THE DEPLORABLES. Front and center is Donald Trump père; to his immediate right is the face of Pepe, drawn with a Trumplike mop of yellow hair.

“Please explain,” writes Elizabeth Chan of Mrs. Clinton’s campaign, in the voice of an imaginary questioner. And does she ever:

Here’s the short version: Pepe is a cartoon frog who began his internet life as an innocent meme enjoyed by teenagers and pop stars alike.

But in recent months, Pepe’s been almost entirely co-opted by the white supremacists who call themselves the “alt-right.” They’ve decided to take back Pepe by adding swastikas and other symbols of anti-semitism and white supremacy.

“We basically mixed Pepe in with Nazi propaganda, etc. We built that association,” one prominent white supremacist told the Daily Beast.

That Beast story, which ran in May, turns out to be “more or less a complete troll job,” according to an extensive investigation by Jonah Bennett of the Daily Caller. Its main victim was author Olivia Nuzzi—but even she didn’t get trolled as ridiculously as Mrs. Clinton’s campaign did.

The “prominent white supremacist” Chan describes is one “Jared Taylor Swift,” whom even Nuzzi knew better than to describe as prominent. She called him “an anonymous white nationalist who claims to be 19 years old and in school someplace on the West Coast.” (He told Bennett those were lies; he is neither 19 nor on the West Coast.) There is a white-nationalist author named Jared Taylor. We wouldn’t describe him as “prominent,” but we suppose one could argue that in the small pond of white nationalism, he is a big frog. Taylor Swift, a 26-year-old pop star, definitely is prominent.

“Jared Taylor Swift” not only is obscure; he tells Bennett he is no white nationalist:

“I think the most ridiculous thing is that a random guy on the internet who trolled a journalist once is now a ‘prominent white supremacist.’ I mean, the only accurate part of that is the ‘white’ part,” Swift told The Daily Caller News Foundation. “And my Italian ancestry means that even that is disputed!” . . .

“Basically, I interspersed various nuggets of truth and exaggerated a lot of things, and sometimes outright lied—in the interest of making a journalist believe that online Trump supporters are largely a group of meme-jihadis who use a cartoon frog to push Nazi propaganda. Because this was funny to me,” Swift told TheDCNF.

Nuzzi based her stories on interviews with “Jared Taylor Swift” and “another anonymous white nationalist, @PaulTown_,” who “estimated the broad #FrogTwitter movement to consist of about 30 people but said 10 core members helped plot it out over drinks in late 2015.”

Apparently that was a hoax too. Bennett: “ ‘There was no “plot” to take a cartoon frog and make it a symbol of white supremacy,’ Paul Town told TheDCNF. ‘That’s absurd on the face of it.’ ”

The trolls also boasted to Nuzzi that they had turned Taylor Swift into an “Aryan goddess”:

When several publications (Broadly, Slate, and The Washington Post) this week reported on the alt-right’s fixation on the pop star, #FrogTwitter was somewhat triumphant. “I never thought that would work,” @JaredTSwift said, “but they finally noticed.”

Bennett concludes on a cautious note: “The stewards of this Twitter world are notoriously capricious and trolltastic. They could even retract this mea culpa of sorts.” That is, maybe the revelation that Frog Twitter was a prank is itself a prank. It also could be that some Trump supporters who actually do hold invidious views were among those fooled by the prank, so that some of the ugly Pepe memes were created unironically.

“Either way,” Bennett writes, “this is almost certainly the case: A journalist with a clear lack of healthy skepticism and an added dose of internet dopiness got duped.”

Put that down to confirmation bias. As “Swift” tells Bennett: “The idea that every major Trump supporter online is secretly a neo-Nazi, for one. I mean, it’s just not true. But it’s the kind of thing that a journalist will readily believe.” So too, it appears, will the most qualified man, woman or child ever to seek public office anywhere.

Matt Furie, the cartoonist who created Pepe the Frog back in 2005, has a healthy perspective on the matter. “I don’t take it too seriously—I just try to take it in stride,” he tells London’s Guardian:

I didn’t know what white nationalists were until, like, yesterday. And the alt-right or whatever? It’s all very new and very strange and definitely not something that I support.

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