Eleanor Finch
The Weimar Constitution was Germany's first step towards a democratic system of government. It was signed by Germany's first president, Friedrich Ebert, on August 11, 1919, and came into effect on August 14. The Weimar Constitution remained technically in effect throughout the Nazi era from 1933 to 1945, despite being de facto set aside by the Enabling Act of 1933. The Weimar Constitution's Article 48, which allowed the president to declare a state of emergency and rule by decree, was frequently misused by Hindenburg and eventually allowed Hitler to 'legally' take control of Germany.
| Characteristics | Values |
|---|---|
| Name | Weimar Constitution |
| Date of Promulgation | 11 August 1919 |
| Type of Government | Federal semi-presidential republic |
| Legislative Body | The Reichstag |
| Upper House | The Reichsrat |
| Voting System | Proportional Representation |
| Emergency Powers | Article 48 gave the president authority to rule by decree in the state of an emergency |
| Civic Rights | Freedom of speech, habeas corpus, freedom of religion |
| Legitimacy | Derived from the consent of the people |
| Status in Nazi Germany | Technically in effect, but de facto set aside by the Enabling Act of 1933 |
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What You'll Learn
The Weimar Constitution
The upper house, the Reichsrat, was appointed and represented the interests of the federal states. The chancellor was responsible for the day-to-day operations of the government, particularly in the executive branch, and was responsible to the Reichstag. The president of Germany had supreme command over the military, extensive emergency powers, and appointed and removed the chancellor, who was responsible to the Reichstag. The Weimar Constitution also included a significant number of civic rights such as freedom of speech, habeas corpus, and freedom of assembly, equality before the law, and equal rights for women. It guaranteed freedom of religion and did not permit the establishment of a state church.
The Weimar Republic, named after the town where its constitution was adopted, was continuously subjected to internal and external stresses and strains. From the very start, advocates of the Republic had to withstand pressure from radical forces of the Left and Right. The Weimar Constitution was de facto set aside by the Enabling Act of 1933, which gave Hitler truly unlimited dictatorial powers. However, it remained legally in effect throughout the Nazi era from 1933 to 1945 and during the Allied occupation of Germany from 1945 to 1949.
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Hitler's rise to power
The Weimar Constitution, Germany's first major step into a fundamentally democratic system of government, was signed on 11 August 1919 and became effective on 14 August. The Weimar Republic was the new system of democratic government established in Germany following the collapse of the Second Reich. The constitution created a federal semi-presidential republic with a parliament whose lower house, the Reichstag, was elected by universal suffrage using proportional representation.
Hitler attempted a coup in Bavaria, known as the Beer Hall Putsch, in 1923. He was arrested, put on trial, and sentenced to five years in prison. During his time in prison, he wrote Mein Kampf, which became the handbook of his ideology of Nazism. Hitler was released from prison in 1925 and began to reconstitute the Nazi Party under his exclusive leadership. The party did very poorly in elections, but this period allowed Hitler to recruit a small but devoted group of followers, including many who would become leading figures in the Nazi regime.
The Wall Street Crash of 1929 heralded worldwide economic disaster. The people of Germany, tired of the old economic systems, voted for the Nazis and Communists, who made great gains in the 1930 federal election. The Nazis and Communists together secured almost 40% of the Reichstag seats. Hitler gained popularity nationwide by exploiting unrest during the Great Depression, and in 1932 he placed second in the presidential race. Hitler's success owed a great deal to the weakness of democracy in Germany, and it took the Great Depression to create the conditions in which he could come to power.
After the Reichstag Fire of 1933, Hitler relied on the precedent of Article 48 of the Weimar Constitution to pass the Enabling Act, which gave him unlimited dictatorial powers. This act effectively eliminated the Reichstag as an active force in German politics and allowed the new Nazi government to deviate from the Weimar Constitution. Non-Nazi parties were formally outlawed on 14 July 1933, ensuring Hitler's ultimate success in establishing the Nazi dictatorship. Hitler's rise to power was completed in August 1934 when, after Hindenburg's death, he merged the chancellery with the presidency into the title of Führer ("leader").
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The Enabling Act
The Weimar Constitution, Germany's first major step into a fundamentally democratic system of government, was signed by Germany's first president, Friedrich Ebert, on 11 August 1919, and became effective on 14 August. It created a federal semi-presidential republic with a parliament whose lower house, the Reichstag, was elected by universal suffrage using proportional representation. The constitution included a significant number of civic rights such as freedom of speech, habeas corpus, and freedom of religion.
However, the Weimar Constitution was de facto set aside by the Enabling Act of 1933, which gave Hitler dictatorial powers. The Enabling Act, officially the "Law to Remedy the Distress of the People and the Reich", was passed on 23 March 1933, and published the following day. It allowed Hitler's government to issue decrees and laws independently of the Reichstag and the presidency, effectively eliminating the Reichstag as an active force in German politics.
To secure the passage of the Enabling Act, Hitler and the Nazi Party used intimidation and persecution to ensure the outcome they desired. They prevented all 81 Communists and 26 of the 120 Social Democrats from taking their seats, detaining them in so-called protective detention in Nazi-controlled camps. They also stationed SA and SS members in the chamber to intimidate the remaining representatives and guarantee their compliance. The only opposition to the Enabling Act came from SPD leader Otto Wels, who defied direct intimidation to declare his party's continued allegiance to Germany's institutions.
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Human rights violations
The Weimar Constitution, which was Germany's first major step into a fundamentally democratic system of government, remained technically in effect throughout the Nazi era from 1933 to 1945. However, Hitler exploited the constitution's weaknesses and contradictions to set up a Nazi dictatorship using the constitution as a cover of legitimacy.
Article 48 of the Weimar Constitution, for instance, allowed the German president to declare a state of emergency in Germany in times of national danger and to rule as a dictator for short periods. Hitler relied on this article to pass the Enabling Act of 1933, which gave him unlimited dictatorial powers and effectively eliminated the Reichstag as an active force in German politics.
The Nuremberg Laws, imposed during World War II and extended to occupied territories, included the Citizenship Law, which used ambiguous language to define who among the state subjects of the Reich would retain full political rights as a "citizen of the Reich". This left the remaining population as effective non-citizens with no guaranteed rights. The ambiguity in the law resulted in some of the human rights violations being justified as legal acts by bureaucrats, law enforcement, and medical professionals.
The Nazis also imposed several other laws that violated human rights, such as forbidding marriages between Jews and Germans and forbidding Jews from displaying the national flag or colours. Violations of these laws were punishable by hard labour, imprisonment, and fines.
The Kristallnacht (Night of Broken Glass) in 1938 saw attacks on synagogues, Jewish businesses, and citizens, resulting in over 100 deaths and thousands of arrests. About 30,000 Jewish men were imprisoned or sent to concentration camps, and additional decrees removed Jews from German economic and social life.
After World War II, Article six of the Nuremberg Charter outlined the crimes for which Nazi officials would be tried, including crimes against peace, war crimes, and crimes against humanity.
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The end of democratic government
The Weimar Constitution, which came into effect on 14 August 1919, was Germany's first major step towards a democratic system of government. It established three central political forces. Firstly, it created the Reichstag, a legislative body elected by the people. Secondly, the Chancellor was made responsible for the day-to-day operations of the government, particularly in the executive branch. Thirdly, the President was given considerable power over foreign policy and the armed forces, as well as the power to appoint and remove the Chancellor.
However, the Weimar Constitution contained a number of weaknesses that, under the difficult conditions of the interwar period, failed to prevent Hitler from setting up a Nazi dictatorship. One of the most significant weaknesses was Article 48, which gave the President the authority to rule by decree in a state of emergency, bypassing the elected Reichstag. This article was repeatedly misused by Hindenburg and eventually allowed Hitler to 'legally' take total control of Germany.
Hitler exploited the economic hardships of the Weimar Republic, including hyperinflation and the effects of the Great Depression, to gain support for his Nazi Party. His actions and goals have been described as using the "constitution to destroy the constitution" and the "rules of the republic to destroy the republic". The Nazis also made use of aggressive extra-legal measures at polling stations to intimidate electors and prevent them from voting in secret.
After the Reichstag Fire of 1933, Hitler relied on the precedent of Article 48 to pass the Enabling Act, which gave him unlimited dictatorial powers and effectively eliminated the Reichstag as an active force in German politics. Non-Nazi parties were formally outlawed on 14 July 1933, ensuring Hitler's ultimate success in establishing a dictatorship. The Enabling Act also amended the Weimar Constitution to impose a four-year state of emergency, restricting civil liberties and granting increased power to the police.
Thus, the weaknesses of the Weimar Constitution, combined with the economic and political instability of the time, allowed Hitler to exploit the democratic system and establish a Nazi dictatorship that deprived Jews and other minority groups of their rights.
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Frequently asked questions
Yes, Nazi Germany had a constitution. The Weimar Constitution was Germany's first major step into a fundamentally democratic system of government. It was signed by Friedrich Ebert, the first president of Germany, on August 11, 1919, and became effective on August 14.
The Weimar Constitution was the constitution of the Weimar Republic, the German government from 1919 to 1933. It was promulgated on August 11, 1919 and was divided into two main parts or chapters, which were further subdivided into 12 sections and 181 articles.
The Weimar Constitution included Article 48, which gave the president the authority to rule by decree and suspend civil liberties in a state of emergency. This article was repeatedly misused by Hindenburg, eventually allowing Hitler to 'legally' take control of Germany.
The Weimar Constitution was de facto set aside by the Enabling Act of 1933, which gave Hitler dictatorial powers. However, it remained legally in effect throughout the Nazi era from 1933 to 1945.
