America’s Dual State: A Looming Threat to Democracy
Ernst Fraenkel’s *The Dual State*, written in secret and published in 1941, details the Nazi regime’s creation of a “prerogative state” operating alongside the existing legal system (“normative state”). This parallel system enabled the Nazis to maintain a semblance of normalcy while simultaneously enacting violence and lawlessness against their perceived enemies. Fraenkel’s firsthand experience as a Jewish lawyer in Nazi Germany informed his analysis, demonstrating how the dictatorship didn’t abolish existing laws but rather used them selectively while establishing a lawless zone for targeted oppression. This model, applicable beyond the Nazi regime, highlights the insidious nature of dual states and their potential for escalating repression.
John Q. Hosedrinker