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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Candour Without Limits

At the beginning of President Trump’s second term, I committed myself to looking past the noise. The past week challenges that discipline. In foreign policy, President Trump has openly embraced coercion —

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Courage is Contagious

As 2025 slumbers toward its end, there are tentative signs of life in our constitutional republic. Few — certainly not I — would have predicted that the first stirrings of congressional resistance

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