8832. Weinert, p136
8833. Ibid, p137
8834. Campbell, p20
86
supremacy on constitutional structures with external responses.32 The Warsaw Declaration of 2000 included a series of core democratic principles and practices as one would envision Habermas’ Cosmopolitan Law – authorized and legitimized by a ‘Community of Democracies’, yet this continues to invisibilize internal opposition through the simulation of democratic international sovereignty. Here Schmitt advances to the fore if transgression occurs; what processes would be invoked to compel, or result, in a reversion to the norm?33
VVThe absolute fealty to the law that Coke inspired in Jefferson posed problems for the traditional spatial practices of power, namely states, alliances and/or political parties, the very entitical practices oriented to the space of power. A potential for duplicity is then perceived when foundational texts work to constitute the identities in whose name they operate. Put simply, while they retain some power, foundational categories of ordering are exhausted. They maintain an existence and identity by specifying exceptions and exclusions, but no longer are they able to mobilize support in terms of a prior and positive ideal. More importantly, the desire to legal order has itself become a source of danger in our time. Political discourses which speak only of the interest and institutional bases for action; or the need for standardization, normalization, or mastery as the technologies of order; or power as an object or ethics as a command; or of sovereignty and territoriality as the container of politics; has lost all ability – if it ever had it – to provide security.34
VVMinority Report best interprets the potentiality of a Doctrine of Preemption, arguing against the institutional punishment for one fatal crime becoming another, when Burgess warns Anderton the Attorney General’s Representative, Detective Witwer, was there to evaluate the PreCrime Department, “The gentlemen at Justice (my italics) want to take this away from us…deciding if what we are doing is some noble enterprise or the chance to change the way this country fights crime.”