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America Is Watching the Rise of a Dual State
For most people, the courts will continue to operate as usual—until they don’t.
The book explains how the Nazi regime managed to keep on track a capitalist economy governed by stable laws—and maintain a day-to-day normalcy for many of its citizens—while at the same time establishing a domain of lawlessness and state violence in order to realize its terrible vision of ethno-nationalism. Fraenkel offered a simple, yet powerful, picture of how the constitutional and legal foundations of the Weimar Republic eroded, and were replaced by strongman-style rule in which the commands of the Nazi Party and its leader became paramount. But it is striking how Donald Trump’s executive orders reject some basic tenets of American constitutionalism—such as Congress’s power to impose binding rules on how spending and regulation unfold—without which the normative state cannot persist.
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