Der Doppelstaat, or "The Dual State" is a political theory developed by German lawyer and political scientist Ernst Fraenkel in 1941. The theory describes how Nazi Germany operated with two states running at the same time:
- The "Normative State" - This part looked like normal government, with laws, courts, rules, and administrative procedures. It gave the appearance of order and legality. For those living in the Normative State, their lives felt unchanged. Their days were normal. Their immediate sphere of reference showed no signs of concern.
- The "Prerogative State" - This part ignored the law entirely. It operated based on power, fear, and the will of authoritarian leadership (like Hitler and the Nazi party). It did what it wanted, without checks and legal limits. If you were a person caught up in the Prerogative State your life may feel like it is falling apart. You may lose your rights, your protections or in extreme cases, your life.
The key is that both states existed at the same time. People and institutions might think they were working under normal law, but power could be seized or bypassed by the authoritarian side at a moments notice.
What is a police state?
Robert von Mohl, a prominent 19th-century German jurist and political theorist, is often credited with coining the term "police state" (Polizeistaat). He describes a police state as state where the government, through its administrative apparatus, exerts a high degree of control over civil society, often at the expense of individual liberties and freedoms. This is in contrast to a constitutional state (Rechtsstaat), where citizens have civil liberties and government power is checked by rule of law.
In essence, a police state, as understood by von Mohl and later adopted in political discourse, is characterized by:
- Excessive state control: The government, particularly through its police and administrative apparatus, exerts a significant level of control over various aspects of citizens' lives, including their movements, expressions and communications.
- Restrictions on liberties: Citizens in a police state may face limitations on their freedom of movement, speech, assembly and association.
- Heightened role of police and security forces: Police and security forces play a prominent role in governance, often with a focus on maintaining order and suppressing dissent.
- Blurred lines between law and political power: There may be a lack of clear distinction between the law and the exercise of political power by the executive, leading to the use of law for political ends.
- Potential for abuse of power: A police state can be associated with the potential for arbitrary arrests, surveillance and other forms of abuse of power.
Von Mohl's concept of the police state highlights the tension between maintaining order and protecting individual liberties, a tension that continues to be relevant in contemporary political discourse.
Are you living in a police state without realizing it?
Living in a police state might not feel any different if you aren't being targeted. It might not feel oppressive if you have the right to due process. You may not feel repressed if you still exercise free speech. You may not be fearful if you are not being snatched off the street by an unmarked government van.
It's easy to be complacent if you assume the only people targeted are bad people, but they aren't. People are following the law, paying their taxes, and showing up to immigration appointments and they are still targeted. If the color of your skin is the only thing that keeps you from being targeted, that's a paper thin protection that could change at any moment. Living in a police state might not feel any different until it's your neighbors, your relatives, or yourself who is victimized. And when that happens, it will be too late for you to speak out against it.
In the U.S. right now, there is growing concern among many legal scholars, public servants and everyday citizens that a dual structure may be emerging, even if it doesn't mirror Nazi Germany.
The Normative State still exists. Courts, agencies, laws and democratic processes continue to function in many places. Public servants continue to do their jobs with integrity and the Constitution is still cited as the law of the land. But increasingly, the Prerogative State is taking hold. Executive actions and policy decisions bypass traditional oversight, weaken independent agencies, disregard judicial authority or openly defy the rule of law. Power is becoming concentrated in just a few hands. Institutions meant to check that power are being undermined, restructured or ignored.
For example:
- Court decisions are being increasingly ignored or decisions followed selectively.
- Agency leadership across government agencies is being purged. Loyalists are installed in key positions to reshape facts and policy.
- Agencies like the FCC that went to great lengths to remain nonpartisan are being remade as political tools under the direction of the president.
- Residents of the United States are being denied due process, and presumed guilty with no opportunity to legally prove their innocence.
- U.S. citizens are being unfairly detained and targeted at airports.
- State governments, universities and private institutions are demanded to follow executive orders that lack the force of law and face retaliation if they refuse.
- Executive power is expanding. Limits are being pushed. Power is going unchecked overriding norms that previously protected the balance of power. Need more proof of this? Look no further than our own Newsletterwhere we covered the new additions to the "One Big Beautiful Bill."
How to stay safe in a police state
How do we balance resisting a dictator and safeguarding ourselves and our families? They aren't mutually exclusive, and both are critically important right now. The less protection we have from laws and courts, the more important it is to understand how we can resist without endangering those we care about.
Protect yourself quietly first.
- Be hyper-aware of your surroundings, identify potential threats and avoid risky areas or situations.
- Learn de-escalation techniques and non-violent communication strategies to resolve disputes peacefully. Deescalation is like a 4-way stop. Even if you have the right of way, sometimes you defer to be safe.
- Limit public dissent if you're vulnerable. That doesn't mean silence. It means strategy. Many people find ways to resist without painting a target on themselves.
- Use secure communication. Be cautious with email, messaging apps and social media. Use encrypted apps and messaging. Don't assume that anything digital is private.
- Avoid patterns. Be thoughtful about what you say, who you say it to and when. Don't make your profile easy to follow. Be discreet about your resources and plans to avoid becoming a target.
Resist strategically and sustainably.
- Educate and inform, but wisely. Share truths with trusted circles. Help people see what's happening without directly confronting power when it's unsafe.
- Document everything. If it becomes necessary later, having records (safely stored) of abuses, shifts in law or wrongful actions becomes critical.
- Support resistance networks. Connect with trusted neighbors, friends or family to create a support network. Organize a neighborhood watch program to increase vigilance. Consider forming a mutual aid group where members can share resources, skills and protection. Quietly contribute to organizations, funds or communities doing visible work, even if you can't be out front.
- Practice civil courage in everyday ways. Stand up for someone in a small, public moment. Refuse to normalize propaganda. Ask careful questions. These things are resistance too. Asking questions with genuine curiosity can be safer than directly challenging those in authority.
Be ready, but not reckless.
Have an emergency plan. If you are able, have money, documents, evacuation routes and legal contacts.Know your rights (to the extent that they still apply) and quietly teach them to others. If you must leave, leave with dignity, not shame. Always remember that survival is not surrender. It is strategy.
Protecting vulnerable people in a police state
Protection begins with awareness. Identify those who may be the must vulnerable. When systems become dangerous it is children, the elderly, people with disabilities, immigrants, LGTBQIA+ individuals, religious and racial minorities who are most at risk. And often it is up to ordinary people to protect them. Stay close. Listen. Make sure those who are vulnerable know that they are not alone. The connection can be life changing. We cannot "rescue" someone. Let them lead their own protection, but with your support.
In a repressed environment, formal systems break down or become tools of control. Informal trust networks become a real safety net. Share their truths without exposing them to danger. Speak *for *them when it is unsafe for them to speak - as long as they are okay with you doing so. Share information anonymously or use your privilege to deflect attention from them. Call out harm in strategic ways that don't put them in the spotlight. You can also protect how they are seen. These are full, worthy human beings with agency. They are not victims.
Even under strain, parts of the system stills function. While that is the case, you can:
- Use legal aid groups, civil rights organizations and watchdog groups.
- Help others access benefits, healthcare or refugee services while they are still available.
- File reports, make noise behind the scenes and document everything.
- Cause inconvenience. Rely on feigned confusion and ignorance to excuse your actions.
- Create "whisper networks" to share information discreetly and consistently.
We need to help people recognize the early signs of escalation. Rights are always stripped quietly before the storm. Protecting vulnerable people isn't about heroism. It's about quiet, consistent action. It's about showing up, keeping watch, shielding without smothering and holding space for others to survive and just be.
How to resist a police state
Resisting doesn't always look like shouting in the streets. Sometimes it looks like keeping your children safe, refusing to repeat a lie, holding onto your values or preparing for the day when justice will rise again.
When exercising your freedom of speech and association around topics that the police state may persecute, use these common tools to safeguard yourself and those you are working with:
- VPN - using a VPN is an important way to keep what you do online private. It prevents your Internet provider from knowing what sites you visit or reading what you type.
- Signal - secure message applications like Signal make your message more private, and can be configured to automatically delete older messages. Encryption makes it more difficult for others to intercept your messages.
- Proton Mail / Proton Drive - these tools support collaboration and organization. You would use them the same way you use Gmail and Google Drive. When you create an account, use an alias instead of your real name. This provides safety through collaboration that is more difficult to trace back to each individual in the real world.
- Wire / Threema - For organizations who want to provide public outreach in a way that is safe for both their clients and staff, consider using a platform like Wire or Threema. These tools allow the public to easily contact your organization while maintaining the anonymity of everyone involved. They are encrypted, and located in countries with a reputation for protecting your data. Using these can cost as little as $5 per person per month.
Der Doppelstaat reminds us that authoritarianism rarely arrives with fanfare or uniform. It creeps in under the guise of normalcy. One face of the state maintains the appearance of law and order while the other bends and breaks those very laws in the name of power. Both coexist, creating confusion, fear and a sense of instability. People begin to question what is legal, what is safe and who they can trust. It erodes democracy from the inside, while still wearing its outer shell.
Living in a police state doesn't always mean soldiers in the street. It can mean living under a government where the rules change without warning, where truth is manipulated and where institutions meant to protect are turned into tools of control. It means learning to read between the lines, staying vigilant and protecting each other quietly and with fierce resolve.
Knowledge is power. Understanding the mechanics of a dual-state governance help us see what's happening clearly and that clarity is the first form of resistance. When we recognize the patterns, we can begin to disrupt them. We can build trust on the community level and act with intention.
Survival is resistance. So is kindness and bearing witness. Whether you choose to speak loudly or move quietly to shield those around you - what you do matters. History has shown us that dual states don't last forever. But how we respond - individually and collectively - determines how much is lost and how much can be reclaimed.
What would a citizen who considers themselves #alt do?
Ways to learn more
Listen to: Is America becoming an autocracy?