Acting as though the Constitution doesn't exist

Heather Cox Richardson - From the time he took office in January 2025, Trump and his cronies have not simply challenged laws or constitutional provisions. They have acted as if the Constitution doesn't exist.

That's an important distinction. The former accepts the constitutional order by working within it to challenge it. The latter rejects the constitutional order entirely.

Their actions align with the strategy of Nazi political theorist Carl Schmitt, whose writings seem lately to have captivated leaders on the American right. Schmitt opposed liberal democracy, in which the state enables individuals to determine their own fate. Instead, he argued that true democracy erases individual self-determination by making the mass of people one with the state and exercising their will through state power. That uniformity requires getting rid of opposition. Schmitt theorized that politics is simply about dividing people into friends and enemies and using the power of the state to crush enemies. As J.D. Vance described Schmitt's ideas in 2024: "There's no law, there's just power."

Much of Schmitt's philosophy centered around the idea that the power of a nation that is based in a constitution and the rule of law belongs to the man who can exploit emergencies that create exceptions to the constitutional order, enabling him to exercise power without regard to the law. Trump-who almost certainly has not read Schmitt himself-asserted this view in August 2025 to justify deploying troops to American cities. "I have the right to do anything I want to do," he said.