1. The term “sovereign dictatorship” and the emphasis of the dictatorial pattern of constitution making do return in Verfassungslehre even if now less frequently, given the change of topics. (Schmitt 1993, 59–60).
2. This is still called omnipotence in Political Theology I (Schmitt 2002, 43) but to be replaced already in that work by a theology of the miracle, understood as the exception.
3. This formulation is slightly altered in Verfassungslehre (Schmitt 1993, 79).
4. He has made this point himself in the Concept of the Political, after again denouncing the “superficial poltical theology” of the omnipotence of the state (Schmitt 2002, 42–43). Also see Political Theology I, where he presented the theological conception of universal guilt, implying the division [Einteilung] of the saved and the damned, a model for the friend enemy concept of the political (2002, 63–64).
5. In Concept of the Political this idea is maintained in terms of the declaration and proscription of the internal enemy (Schmitt 2002, 46–47).
6. I agree with Laclau that Lefort tended at times to operate with the rigid alternative of democracy and totalitarianism, leaving no room for anything in between. On this see below.
7. Thus Lefort, I think mistakenly and in a contradictory fashion, at times sees the reign of terror as ultimately democratic (Flynn 2005, 138; 244–245) because it is directed at keeping the place of power empty, as against usurpations. But he equally says that the logic of the terror springs from the need to extract “the people” from the people (Flynn 2005, 135) that highlights the authoritarian dimension.
8. The two-bodies conception becomes a three-bodies conception when the representation of the ideal segment of the people, “the plebs” or “underdog” in Laclau (2005a), becomes a problem to the representation of the people as a whole.
9. For one of the many places in Lefort see “Permanence of the Theologico-Political?” (Lefort 1988, 255). For Habermas see “Popular Sovereignty as Procedure” (Habermas 1996), where what is left from popular sovereignty is only decentered and temporally disaggregated, multiple procedures of largely informal democratic communication. Its formal preconditions are fundamental rights, and its organizational bases are the associations of civil society. Habermas repeatedly rejects the idea that popular sovereignty should refer to a collective body, or will or even a subject of any kind (1996, 472–3; 486–7). His communicative, de-substantialized translation of “the people” is convincing, but it is unclear why this should be called sovereignty at all.
10. Such further secularization in the dimension of the constituent power is the aim of my project, tentatively titled Post-Sovereign Constitution Making: From Practice to Theory.
11. The reference here to a variety of bodies, as against one under the old regime, makes little sense in Laclau’s conception that stresses unification and single person leadership. The only way to interpret this “variety” is as three bodies: the empirical people, the part that embodies its will, and the leader’s body that unifies the part that still has heterogeneity in a modern society.
12. He is quite explicit about this move. In his text “Populism: What’s in a Name?” he asks: Does populism become synonymous with politics? His answer is “the answer can only be affirmative. Populism means putting into question the institutional order by constructing an underdog as an historical agent—that is, an agent that is an other in relation to the way thing stand. But this is the same as politics” (Laclau 2005b). (I thank Carlos de la Torre for this reference). I think the text should have said the political, in spite of the fact that Castoriadis, who is being used without attribution, reversed the normal French usage and called the extraordinary version invented by the Greeks “politics” (la politique) (Castoriadis 1991).
13. Lefort of course could and would not deny the incorporating role of populism, by no means universal, which under a democracy would further extend the democratic logic. But with populist embodiment, the democratic institutions have been transformed in authoritarian directions, and the inclusion occurs in a polity that is not democratic. It is another matter that a future democracy could then...