America as a Dual State

Linda Goudsmit / March 28, 2021

Brilliant analysis – and I love the image of Janus – it is perfect! The lawless, power-grabbing, election-stealing, China-centric, corrupt Democrats are sprinting to the finish line before the 2022 midterms with the help of the equally despicable corrupt RINOS.

The deceitful Democrats are desperate to institutionalize the protocols they used to steal the 2020 election and establish one-party Democrat rule for the foreseeable future. If the Democrats are successful, America as a free, sovereign, constitutional republic will cease to exist.

The United States of America will be surrendered to globalism’s one-world planetary governance – the binary feudal structure of rulers and ruled on a global scale. Wake up America!

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canadafreepress.com/article/america-as-a-dual-state

Ancient Rome heralded Janus as the god of beginnings, gates, transitions, duality, passages, and endings. The dual-headed image symbolized doors and openings between realms, states, and conditions

America as a Dual State

By Lee Cary —— Bio and Archives April 28, 2021

Ernst Fraenkel was born into a Jewish family in Cologne, Germany on December 26, 1898. Having served in the German Army during World War I, he thereby avoided the anti-Semitic persecutions of the mid-1930s.  But in 1938, Fraenkel, seeing the writing on the wall, emigrated to England and then, in 1939, to the United States.  His intellectual journey is significant for today.

In 1941, a manuscript he had written while in Germany, entitled The Dual State: A Contribution to the Theory of Dictatorship, was published by Oxford University Press. The book is visceral.  It was written on the increasingly ugly tarmac of the Third Reich. And its thesis suggests a haunting parallel to what we see in the contemporary American crisis. 

Fraenkel witnessed the Janus-like duality of the Third Reich

Fraenkel prefaces his book with an acknowledgement: “The conceptions contained here were greatly influenced by the author’s discussions with a number of his friends who are at present residing in Germany and must consequently remain unnamed. Chicago, June 15, 1940.”  Note the date.  His friends were in danger.

Fraenkel witnessed the Janus-like duality of the Third Reich “not only for its supreme arbitrary power but for the way in which it has succeeded in combining arbitrary powers with a capitalistic economic organization…We must then resolve the paradox of a capitalistic order continuing within a system under which there is no possibility of rationally calculating social chance. Rational calculation is not consistent with the rule of arbitrary police power which is characteristic of the Third Reich” (The Dual State, p. xiv).  

His main thesis in the book labeled the paradox he witnessed as the legal dualism of the Normative State and the Prerogative State. 

The editors of a 2013 book entitled The Law in Nazi Germany: Ideology, Opportunism, and the Perversion of Justice, summarized Fraenkel’s profile of the Dual State:

“Fraenkel distinguished two parallel spheres of official authority as they existed in Nazi Germany: the ‘normative state’ and the ‘prerogative state.’ The ‘normative state’ consisted of the traditional legal order, including the codes of German law, the Ministry of Justice, and the courts, transformed after 1933 by an infusion of Nazi laws, practices, and personnel.  The ‘prerogative state’ was the realm in which the Nazi regime wielded arbitrary power over the freedom and lives of its subjects…[M]ost of the mass atrocities for which the Nazi regime is most notorious…were carried out mainly by organs of the ‘prerogative state,’ most notably the SS.” 

Democrat Party operatives, including state and county executives and election officials, set aside election laws, ostensibly because of the “COVID emergency”

Now read the following samples from The Dual Sate about the Nazi “prerogative state” as analogues to recent developments in American politics:

“The slightest legal control over its authoritarian decisions is viewed by the National Prerogative State as a greater evil than the perpetuation of injustice” (p. 31).

  • “Decisions of a political nature are made not only by state authorities but also by party authorities.” (p. 33)
  • “The co-existence of legal and arbitrary actions, most impressively demonstrated by the confinement in concentration camps of persons who have been acquitted by the courts, is a crucial development in the recent German constitutional status. Significantly enough, the National-Socialist state does not acknowledge this fact willingly. The Dual State lives by veiling its true nature.” (p. 39)
  • “The Prerogative state does not merely supplement and supersede the Normative State; it also uses it to disguise its political aims under the cloak of the Rule of Law.” (p. 41)  
  • “The legal system of present-day Germany [1940] is characterized by the fact that there are no matters safe from the intervention of the political authorities who, without any legal guarantees, are free to exercise discretion for political ends.” (p. 42)
  • “The essence of the Prerogative State is its refusal to accept legal restraint, i.e., any ‘formal’ bonds.” (p. 46)

Commenting on the Reichstag Fire Decree (February 28, 1933), Fraenkel felt that it represented the end of the Rule of Law in Nazi Germany:

  • “The Rule of Law no longer exists.  It has been supplanted by the Dual State, which is the joint product of the Prerogative State and the Normative State.” (p. 46)

Thoughtful Americans should now ask whether what Fraenkel sensed about Nazi Germany is happening in America today.  Does the Rule of Law still exist here? Or, has America become a Dual State?  Here is what “Prerogative State” executive action in America looked like in the evening/morning hours of November 3-4, 2020:

Democrat Party operatives, including state and county executives and election officials, set aside election laws, ostensibly because of the “COVID emergency”. This was done in order to manipulate the voting results to ensure a Biden-Harris victory in the 2020 election.  This manipulation and manufacturing of votes represented “prerogative” executive acts taken outside of and/or contrary to the election laws in those states.

How shall we remedy the damage that has been done to the Rule of Law in America?

Yet, even more disturbingly, when other states sent several cases to the Supreme Court questioning the validity of those “prerogative” executive actions, the Court declared that the accusing states had no “standing” to bring those cases before the Court.  By refusing to hear the arguments, the Court gave tacit approval to false voting results at a level unprecedented in American history.  This judicial malfeasance approaches the infamy of Dred Scott v. Sanford (1857).  Mr. Scott also lacked “standing”.  That particular injustice required a Civil War and three constitutional amendments to rectify.

So, what will be required to redress the executive “prerogatives” exercised in the 2020 Presidential Election?

Prerogative” executive acts at various governmental levels, giving us a Biden/Harris Administration, were most likely judged by Democrat Party activists as fair and just retaliation for the election of Donald Trump in 2016.  They continuously and incorrectly alleged that Trump, having benefited from so-called ‘collusion with the Russian government’, was illegitimately elected. So, through “prerogative” executive acts, they took the law into their own hands, and even disposed of it at will.

How shall we remedy the damage that has been done to the Rule of Law in America?

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