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Saving legitimate opposition

<p>We cannot assume all Americans support legitimate opposition. But we must not allow this practice to wither away. Too much is at stake. </p> ....

Alexander Kirshner ,

Legal scholars: Constitution clear that Trump's impeachment for role in Capitol attack is appropriate


Duke University associate professor of history Adriane Lentz-Smith (Photo: Duke University)
As the U.S. House impeached President Trump for the second time for “incitement of insurrection” Wednesday afternoon, many legal and political science scholars have decried his behavior and are demanding accountability to the Constitution. 
The Constitution lays the ground rules in Article 2, Section 4: “The President, Vice President and all civil Officers of the United States, shall be removed from office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” 
Ted Shaw, civil rights and constitutional law professor at UNC-Chapel Hill said, “That ‘
shall’ is a powerful word it doesn’t suggest that there are conditions under which anyone who’s guilty of treason, bribery, other high crimes and misdemeanors should be left in office.” ....

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Antidemocratic Participation Revisited


Two years ago, at the end of a democratic theory seminar, I read Alexander Kirshner’s book
A Theory of Militant Democracy (2014) and decided to continue his discussion about the paradox of democracy. The paradox asks: can a democratic society, in a non-contradictory way, restrict political participation if said participation is a threat to democracy?[2] For the purposes of my essay, “antidemocrat” is taken to mean a political actor that wishes to exclude a socially salient group of participants from the demos.
Kirshner’s book is illuminating, though not the first to bring the concern to the table. Karl Loewenstein, writing in the time of Nazi Germany, coined the term “militant democracy” to argue that it is permissible to violate “fundamental principles” of democracy such as the right to participate as an electoral candidate.[3] Loewenstein argued that antidemocrats – like the Nazi party – can exploit the tolerance of democracies and thus, must be met ....

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