Judge Samuel Alito and The `Führerprinzip'
By Jeffrey Steinberg
-- -- On Jan. 5, 2006, in a front-page story, the Wall Street
Journal identified Judge Samuel Alito, President George W.
Bush's nominee to replace Justice Sandra Day O'Connor on the
U.S. Supreme Court, as a leading proponent of the savagely
unconstitutional doctrine of the "unitary executive." The idea
of the "unitary executive," which forms the core dogma of the
ultra-right-wing Federalist Society, to which Judge Alito
belongs, is more properly identified by its modern historical
name—the Führerprinzip, authored by the Nazi regime's anointed
"Crown Jurist" Carl Schmitt. Schmitt's doctrine, that the
charismatic head of state is the law, and can assert absolute
dictatorial authority during periods of emergency, has been used
to legitimize every totalitarian regime in the West, from
Hitler, through Gen. Francisco Franco in Spain, through Gen.
Augusto Pinochet in Chile, to President George W. Bush and Vice
President Dick Cheney in the United States.
The Wall Street Journal quoted Judge Alito from a November 2000
speech, delivered, appropriately, before a Federalist Society
convention in Washington, D.C. The Constitution, Alito declared,
"makes the President the head of the executive branch, but it
does more than that. The President has not just some executive
powers, but the executive power—the whole thing."
Judge Alito elaborated, "I thought then"—referring to his 1980s
tenure at the U.S. Justice Department's Office of Legal
Counsel—"and I still think, that this theory best captures the
meaning of the Constitution's text and structure," adding that,
in his view, the Framers "saw the unitary executive as necessary
to balance the huge power of the legislature and the factions
that may gain control of it."
After reviewing the Wall Street Journal account, Lyndon LaRouche
declared, "If Judge Alito does in fact adhere to the views
reported in the Wall Street Journal, he should not be allowed
near any court—certainly not the United States Supreme
Court—except as a defendant." LaRouche insisted that Alito's
nomination must be decisively defeated in the Senate, or the
Supreme Court will fall fatally into the hands of a cabal of
outright "Schmittlerian" Nazis, led by Antonin Scalia, Clarence
Thomas, John Roberts, and Alito—all members of the self-avowed
"conservative revolutionary" Federalist Society.
LaRouche counterposed the outright Nazi doctrine of the
Federalist Society proponents of the "unitary executive" (Führerprinzip)
to the American System principles invoked by President Franklin
Delano Roosevelt, when he was confronted with the awesome
responsibility of preparing the United States for world war. On
Sept. 8, 1939, at a press conference following his Proclamation
of Limited Emergency, as war was erupting in Europe, FDR assured
the American people, "There is no intention and no need of doing
all those things that could be done.... There is no thought in
any shape, manner or form, of putting the Nation, in its
defenses or in its internal economy, on a war basis. That is one
thing we want to avoid. We are going to keep the nation on a
peace basis, in accordance with peacetime authorizations."
Cheney and 9/11 FDR's respect for the U.S. constitutional system
of checks and balances, and separation of power, stands in stark
contrast to the assault on the Constitution, launched by Vice
President Cheney even before Sept. 11, 2001.
As LaRouche prophetically warned, in testimony delivered on Jan.
16, 2001 to the U.S. Senate Judiciary Committee, opposing the
nomination of John Ashcroft as Attorney General, the Cheney-led
Bush Administration came into office committed to
government-by-crisis-management, modeled on the Hitler Nazi
dictatorship in Germany. LaRouche warned that the Bush
Administration would seek, at the first opportunity, a
"Reichstag fire" justification for dictatorship, all based on
the legal theories of Hitler's Carl Schmitt. It was Schmitt, who
wrote the legal opinion, based on the "unitary executive"
Führerprinzip, that justified Hitler's declaration of emergency
dictatorial rule on Feb. 28, 1933—24 hours after the German
parliament was set ablaze by agents of Hitler's own Herman
The aftermath of 9/11 proved that LaRouche was 100% right. On
Dec. 19, 2005, in a press conference aboard Air Force Two, Vice
President Cheney flaunted the fact that he came into office in
January 2001, committed to rolling back the legislative
safeguards, passed by Congress and signed into law by Presidents
Gerald Ford and Jimmy Carter, in the aftermath of the Watergate
scandal and the revelations about illegal FBI and CIA spying on
American citizens. In calling for a rollback of those
post-Watergate "infringements" on Presidential power, Cheney
was, in effect, declaring war on the most sacred principles
written into the U.S. Constitution.
Cheney's stooge, President Bush, certified his own adherence to
the same Führerprinzip when he recently signed the defense
budget, and invoked the "unitary executive" right to ignore the
bill's explicit ban on torture. The McCain Amendment, banning
torture of American-held prisoners in the "Global War on
Terrorism," was passed by an overwhelming, veto-proof bipartisan
majority in both the House and the Senate, yet the President
asserted his "constitutional" authority as commander-in-chief,
to ignore Congress.
Pinochet and Hitler Despite the events of 9/11, the Synarchist
bankers behind Cheney did not fully succeed in their scheme for
dictatorship and the overthrow of the Constitution. Both the
Congress and the American people put up sufficient resistance to
partly stymie the efforts to impose crisis-management Executive
branch rule-by-decree. The May 2005 bipartisan "Gang of 14"
Senate revolt against Cheney's so-called "nuclear option" to
strip the Senate of its Constitutional role of "advice and
consent" represented a particularly significant setback for the
But the Cheney gang's vision for America shows clearly in Chile,
a South American nation targeted for "the Hitler treatment" by
a cabal of American-based Synarchists, led by Felix Rohatyn,
Henry Kissinger, and George Shultz (see accompanying article).
Chile under the 1970s and '80s dictatorship of General Pinochet
offers the clearest picture of what Cheney et al. still intend
to impose on the United States—if given the opportunity. The
defeat of the Supreme Court nomination of Judge Alito offers the
immediate opportunity to deliver a killer blow to Rohatyn,
Shultz, and Cheney's scheme.
The Other Sept. 11
On Sept. 11, 1973, Gen. Augusto Pinochet led a military coup
that ousted the legitimately elected government of President
Salvador Allende. The Pinochet coup would unleash several
decades of terror, which would spread to other parts of South
and Central America, through a Henry Kissinger-approved regional
death squad program called "Operation Condor."
Among the American bankers and government officials who ran the
Pinochet coup, from the outset, were:
Felix Rohatyn, the Lazard Brothers banker and ITT director.
Rohatyn, a protégé of leading World War II-era Synarchist banker
André Meyer, orchestrated the 1971 ITT takeover of Hartford
Insurance, and, along with ITT Chairman Harold Geneen, helped
oversee the overthrow of Allende from his post on the ITT board.
Two years after the Pinochet coup, Rohatyn would impose the same
Hitlerian/Schachtian austerity policies on New York City,
through his chairmanship of the Metropolitan Assistance
Corporation ("Big MAC").
George Shultz, Richard Nixon's Secretary of the Treasury, who
orchestrated the breakup of FDR's Bretton Woods System on behalf
of the Synarchist bankers, traveled to Chile, following the
Pinochet coup, and gave his personal imprimatur to the regime's
radical free trade economic policies, including the
looting-by-privatization of the country's pension system. The
same privatization of Social Security was attempted by the Bush
Administration last year—with Shultz's enthusiastic backing.
Himself a product of the University of Chicago Economics
Department of Milton Friedman and the "Chicago Boys" who ran the
economic policy of the Pinochet dictatorship, Shultz has been
the behind-the-scenes Svengali of the Bush-Cheney
Administration, steering it in an explicitly "Pinochet"
direction, promoting a bankers' dictatorship of radical free
trade/globalization looting, utilizing unbridled police state
power to achieve it.
Henry Kissinger, the National Security Advisor and Secretary of
State to President Nixon, who enthusiastically promoted the
Pinochet coup, at the very moment that he was formulating
National Security Study Memorandum 200 (NSSM-200), which
asserted Anglo-American Cold War ownership of the planet's
strategic raw material wealth and an aggressive corollary
doctrine of drastic population reduction, through wars, disease
and famine—all targetted at the Third World. Kissinger was the
principal American government official behind Operation Condor,
a right-wing death squad apparatus that ran a "strategy of
tension" terror war against the sovereign republics of South
American, which spilled over into continental Europe,
particularly Italy. One of Kissinger's primary assets in
Operation Condor was the Propaganda Two Freemasonic Lodge of
World War II-era fascist Licio Gelli. The Chile of the Pinochet
dictatorship, steered from Wall Street and the Nixon
Administration by Rohatyn, Shultz, and Kissinger is the model
for what these same individuals and the Synarchist bankers cabal
they represent, have in mind for the U.S.A.—if they are not
Carl Schmitt These are the issues before the U.S. Senate in the
case of Judge Alito. The doctrine of the "unitary executive"
promoted by Alito is a carbon copy of the doctrine of law
devised by Carl Schmitt to justify the Hitler dictatorship of
February 1933 and the Pinochet dictatorship of Sept. 11, 1973.
In both the Hitler and Pinochet cases, Schmitt was "on the
scene." As the leading German jurist of the 1920s and '30s,
Schmitt wrote the legal opinion justifying Hitler's Reichstag
fire coup. Schmitt argued that the "charismatic leader" derives
unbridled power from "the people" in time of crisis, and that
any form of government, based on a system of checks and
balances, consensus, and separation of power, is illegitimate,
because it stands in the way of the absolute ruler's
responsibility to "protect the people."
In the case of the Pinochet coup in Chile, Schmitt's
student-protégé Jaime Guzman, argued that the government had to
use violence to impose order. Guzman was the sole source of
legal justificaion for the Pinochet coup and dictatorship, and
he insisted that violence was a precondition for success. In
effect, Schmitt acolyte Guzman ran fascist Chile—in the name of
the same doctrine of "unitary executive" power that Schmitt had
earlier codified in the Führerprinzip. It is the same doctrine
that Cheney et al. seek to impose today on the U.S.A.
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