The idea that “some people are protected by the law, while others are subjected to it” is not new in the US. Fraenkel's idea about the “dual state" is simply an extension of this same idea by making the difference more explicit.
The “Dual State” Theory Was Invented to Describe Nazis. The Supreme Court Could Take Us There | Mother Jones
https://www.motherjones.com/politics/2025/10/dual-state-supreme-court/
America Is Watching the Rise of a Dual State | The Atlantic
https://www.theatlantic.com/magazine/archive/2025/05/trump-executive-order-lawlessness-constitutional-crisis/682112/



