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Carl Schmitt and Federalism

The relation between Carl Schmitt and federalism immediately poses a problem. Except for a section on federalism in Verfassungslehre,² and his remarks in Der Hüter der Verfassung,³ references to federalism in Schmitt's works are few and far between. Since he obviously considered federalism an important constitutional problem, it is puzzling that he did not say more about it. When he discusses the state, i.e., "political unity" par excellence, he does not inquire about its internal organization—in particular, how power is articulated internally. Since the state is the ultimate representative of the jus publicum Europaeum, Schmitt emphasizes its ability to guarantee...