Episode 129: German Constitutional Law and Banning Extremist Political Parties

Eric Langenbacher
Senior Fellow; Director, Society, Culture & Politics Program
Dr. Eric Langenbacher is a Senior Fellow and Director of the Society, Culture & Politics Program at AICGS.
Dr. Langenbacher studied in Canada before completing his PhD in Georgetown University’s Government Department in 2002. His research interests include collective memory, political culture, and electoral politics in Germany and Europe. Recent publications include the edited volumes Twilight of the Merkel Era: Power and Politics in Germany after the 2017 Bundestag Election (2019), The Merkel Republic: The 2013 Bundestag Election and its Consequences (2015), Dynamics of Memory and Identity in Contemporary Europe (co-edited with Ruth Wittlinger and Bill Niven, 2013), Power and the Past: Collective Memory and International Relations (co-edited with Yossi Shain, 2010), and From the Bonn to the Berlin Republic: Germany at the Twentieth Anniversary of Unification (co-edited with Jeffrey J. Anderson, 2010). With David Conradt, he is also the author of The German Polity, 10th and 11th edition (2013, 2017).
Dr. Langenbacher remains affiliated with Georgetown University as Teaching Professor and Director of the Honors Program in the Department of Government. He has also taught at George Washington University, Washington College, The University of Navarre, and the Universidad Nacional de General San Martin in Buenos Aires, Argentina, and has given talks across the world. He was selected Faculty Member of the Year by the School of Foreign Service in 2009 and was awarded a Fulbright grant in 1999-2000 and the Hopper Memorial Fellowship at Georgetown in 2000-2001. Since 2005, he has also been Managing Editor of German Politics and Society, which is housed in Georgetown’s BMW Center for German and European Studies. Dr. Langenbacher has also planned and run dozens of short programs for groups from abroad, as well as for the U.S. Departments of State and Defense on a variety of topics pertaining to American and comparative politics, business, culture, and public policy.
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Jeff Rathke
President of AGI
Jeffrey Rathke is the President of the American Institute for Contemporary German Studies at the Johns Hopkins University in Washington, DC.
Prior to joining AICGS, Jeff was a senior fellow and deputy director of the Europe Program at CSIS, where his work focused on transatlantic relations and U.S. security and defense policy. Jeff joined CSIS in 2015 from the State Department, after a 24-year career as a Foreign Service Officer, dedicated primarily to U.S. relations with Europe. He was director of the State Department Press Office from 2014 to 2015, briefing the State Department press corps and managing the Department's engagement with U.S. print and electronic media. Jeff led the political section of the U.S. Embassy in Kuala Lumpur from 2011 to 2014. Prior to that, he was deputy chief of staff to the NATO Secretary General in Brussels. He also served in Berlin as minister-counselor for political affairs (2006–2009), his second tour of duty in Germany. His Washington assignments have included deputy director of the Office of European Security and Political Affairs and duty officer in the White House Situation Room and State Department Operations Center.
Mr. Rathke was a Weinberg Fellow at Princeton University (2003–2004), winning the Master’s in Public Policy Prize. He also served at U.S. Embassies in Dublin, Moscow, and Riga, which he helped open after the collapse of the Soviet Union. Mr. Rathke has been awarded national honors by Estonia, Latvia, and Lithuania, as well as several State Department awards. He holds an M.P.P. degree from Princeton University and B.A. and B.S. degrees from Cornell University. He speaks German, Russian, and Latvian.
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Russell A. Miller
Washington and Lee School of Law
Russell Miller teaches and researches in the fields of constitutional law, international law, comparative law theory and methods, and German law and legal culture. He is the author or editor of several books on international law, constitutional law, comparative law theory and methods, and German law and legal culture, including: Constitutional Places – Landmarks on the Road to German Democracy (Kunth 2025); An Introduction to German Law and Legal Culture (CUP 2024); Privacy and Power: A Transatlantic Dialogue in the Shadow of the NSA-Affair (CUP 2017); The Constitutional Jurisprudence of the Federal Republic of Germany (Duke 2012); Progress in International Law (Brill 2008); and Transboundary Harm in International Law: Lessons from the Trail Smelter Arbitration (CUP 2006). His articles and commentary have appeared in respected journals and in the international media. Miller is a two-time Fulbright Senior Research Fellow. In 2021 he was awarded a Humboldt Research Prize in recognition of his research on German law and his contributions to transatlantic understanding. Miller is the co-founder of the German Law Journal and the Berlin-based Rule of Law Academy. From 2020-2022, Miller served as the head of the Max Planck Law Network, a consortium of ten world-class research institutes involving more than twenty research directors and more than 400 PhD candidates, post-doctoral reserachers, and guest researchers. He has been a regular visiting fellow at universities and research institutes in Germany, including the Max Planck Institute for Public International Law (Heidelberg), the Konrad Adenauer Foundation, the University of Münster, and the University of Freiburg. He served as a law clerk at the German Federal Constitutional Court and for Judge Robert H. Whaley of the U.S. District Court for the Eastern District of Washington. Miller has degrees from Washington State University (BA 1991), Duke University (MA and JD 1994) and the University of Frankfurt (2002). He was a DAAD/AGI Research Fellow in 2015.
Even though it came in second place in the 2025 German federal election, the Alternative for Germany (AfD) was subsequently classified as an extremist party by the Office for the Protection of the Constitution (Bundesverfassungsschutz, BfV). This has renewed discussions in Germany about banning the party as a threat to the democratic order. Dr. Russell Miller, an expert in German constitutional law, joins The Zeitgeist to discuss the purpose of the BfV, previous attempts to ban parties in Germany, and the procedures involved. He also discusses the transatlantic effects of a ban of the AfD, given the strong criticism the BfV’s designation drew from parts of the Trump administration.
Russ Miller’s Photo Essay from the 2017 NPD Party-Ban Proceedings
Host
Jeff Rathke, President, AGI
Guests
Eric Langenbacher, AGI Senior Fellow; Director, Society, Culture & Politics Program
Russell A. Miller, J.B. Stombock Professor of Law, Washington and Lee School of Law