Telos 195 (Summer 2021): Global Perspectives on Constitutionalism and Populism

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After watching the images of the January 6 Capitol riot, many Americans concluded that right-wing populism threatens the basic rules of our constitutional order. In this view, the U.S. Constitution establishes a universal order that is detached from any particular orientation and provides the neutral ground upon which differences can be discussed, while populists upset the rules of discussion and destroy the basis of a common project. Consequently, since populism is at odds with the Constitution, the solution would be to try to reimpose a measure of rationality upon the unruly. Yet the nagging concern behind this perspective is not just the violation of rules but the suspicion that populism is ultimately motivated by racism and sexism. In this case, the real opposition would not be between constitutionalism and populism but between two understandings of the Constitution, that is, two conceptions of the character of the people, one egalitarian and the other racist. The difficulty is that the laws of a constitution cannot exist independently of a people with a specific history. Rules cannot be neutral but imply a perspective on the world, and the conflict between constitutionalism and populism may in fact be a symptom of a conflict between two factions within the people, each of which is attempting to establish itself as the proper representation of the will of the people as a whole.

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Macron, Trump, and the Question of the Nation

From the beginning of Donald Trump’s campaign for the presidency and throughout his administration, the most consistent point of orientation in his politics has been the priority of the nation. It informed the slogan “Make America Great Again,” which initially shocked political sensibilities, since it implied the accusation that previous bipartisan political leadership had stood by during a decline or even facilitated a loss of greatness. The priority of the nation similarly underpinned the formula of “America First,” as the designation of a foreign policy that would give greater attention to national interest and therefore break with established patterns of multilateralism. Trump himself has embraced the term “nationalist,” and this marks his difference from both the free trade internationalism that used to define the neoliberal Republicans as well as from the multiculturalism that dominates the identity-political Democrats.

Between those two alternatives, globalism and fragmentation, Trump has opted for the nation. With that choice, he put his finger on the forgotten category—class—in an era of growing inequality. “Nation” serves as the organizing principle for programs purporting to achieve vertical integration, the “whole nation,” i.e., a promise—whether fulfilled or not—of an inclusive nationalism. Trump’s nationalism therefore is better described as a national populism. This aspiration for inclusion outweighs a simultaneous function of exclusionary nationalism, the differentiation from other nations, although that aspect clearly plays a role as well, especially in immigration policies.

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Why We Kill Each Other: Warfare in a Post-National World

“Fraternity means that the father no longer sacrifices the sons; instead the brothers kill one another. Wars between nations have been replaced by civil war. The great settling of accounts, first under national ‘pretexts,’ led to a rapidly escalating world civil war.”

—Ernst Jünger, Eumeswil

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Nomos and Land-Appropriation

“Every fundamental order is a spatial order. One speaks of the constitution of a country or a piece of earth as of its fundamental order, its Nomos. Now, the true, actual fundamental order touches in its essential core upon particular spatial boundaries and separations, upon particular quantities and a particular partition of the earth. At the beginning of every great epoch there stands a great land-appropriation. In particular, every significant alteration and every resituating of the image of the earth is bound up with world-political alterations and with a new division of the earth, with a new land-appropriation.”
—Carl Schmitt, Land and Sea: A World-Historical Meditation

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