The Hollowing Out of War Crimes

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Pete Hegseth first caught Donald Trump’s attention when on Fox News he defended soldiers like Clint Lorance and Mathew Golsteyn. Golsteyn was accused and Lorance was convicted of killing unarmed detainees and

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Was Arendt Wrong?

During a talk in Bozeman, Montana, last week, I was asked to give examples of when Hannah Arendt was wrong. The question is disarmingly simple. She was hardly infallible. She made mistakes.

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Who Are We? 

We understand a constitution today as a kind of super-law, a law that can validate or invalidate democratically passed statutory laws. Every side invokes the constitution when it is convenient and seems

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How Could They?

The New York Times published the Pentagon Papers in June 1971. In November, Hannah Arendt published her commentary “Lying in Politics.” Most people have agreed, she wrote, that the “basic issue raised

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Force Without Law

Tomorrow begins a new semester, and I’ll be teaching Constitutional Law. My course, co-taught with my colleague Peter Rosenblum, is not like the constitutional law courses I took in law school. We

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