Germany's Constitution During World War Ii

Germany has had several constitutions throughout its history, with the country's first parliamentary democracy established by the Weimar Constitution in 1919. This constitution was drafted by lawyer and liberal politician Hugo Preuss and was signed into law by Friedrich Ebert, a member of the Social Democratic Party and the provisional president of the German Reichstag. The Weimar Constitution was weakened by a combination of the Great Depression, the severe peace conditions of the Treaty of Versailles, and a series of unstable governments, ultimately leading to the rise of the Nazi Party in the 1930s. Following World War II, the West German Constitution was approved in Bonn on May 8, 1949, and came into effect on May 23, 1949, after being approved by the occupying Western Allies. This constitution, known as the Basic Law, served as a provisional piece of legislation until German reunification in 1990, at which point it was retained as the definitive constitution of reunified Germany.

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The Weimar Constitution

The Weimar Republic, named after the town where its constitution was adopted, was continuously subjected to internal and external stresses and strains. Advocates of the Republic had to withstand pressure from radical forces of both the Left and Right. The Republic was meant to be a representative democracy that looked after the interests of all Germans, but many Germans did not like the idea of democracy. A combination of the Great Depression, the severe peace conditions of the Treaty of Versailles, and a long succession of unstable governments led to the weakening of the Weimar Constitution. This discontent with the Weimar government allowed the Nazi Party to come into power in the 1930s.

The Nazi Party's rise

The Nazi Party, officially the National Socialist German Workers' Party (German: Nationalsozialistische Deutsche Arbeiterpartei or NSDAP), was a far-right political party in Germany. It was active between 1920 and 1945 and created and supported the ideology of Nazism. The party emerged from the extremist German nationalist ("Völkisch nationalist"), racist, and populist Freikorps paramilitary culture, which fought against communist uprisings in post–World War I Germany. The Nazi Party's precursor, the German Workers' Party (Deutsche Arbeiterpartei or DAP), existed from 1919 to 1920.

The Nazi Party's rapid rise to power began in 1930, when it attained 107 seats in Germany's parliament, the Reichstag. In July 1932, the party became the largest political party in the Reichstag with 230 representatives, polling 37% of the vote. The Nazi Party's rise was fuelled by discontent with the Weimar government, a combination of the Great Depression, the severe peace conditions of the Treaty of Versailles, and a long succession of unstable governments. Political and economic instability, coupled with voter dissatisfaction with the status quo, benefitted the Nazi Party. The party membership mainly consisted of the urban and rural lower-middle classes, with 35% being industrial workers and 51% being middle class.

Hitler played a significant role in the Nazi Party's rise to power. He cultivated his image as the party leader and tapped into the anger and helplessness felt by a large number of voters, attracting a wide following of Germans desperate for change. Nazi electoral propaganda promised to pull Germany out of the Depression, restore German cultural values, reverse the provisions of the Treaty of Versailles, and restore Germany to its "rightful position" as a world power. Hitler's powerful and spellbinding oratory, coupled with his shrewd political maneuvering, led German President Paul von Hindenburg to appoint him Chancellor of Germany on January 30, 1933.

After a Dutch Communist set fire to the Reichstag building in February 1933, the Reichstag issued the Enabling Act on March 23, 1933, giving Hitler unrestricted legislative power. Hitler used this power to solidify the Nazis' position in the government and form a centralized totalitarian regime. He declared the Nazi Party to be the only political party in Germany and mandated that all higher civil servants and bureaucrats become members. He crushed the party's left-wing, executing Ernst Röhm and other rebellious leaders in what became known as the "Night of the Long Knives." Hitler's word became the supreme and undisputed command within the party and the country.

Hitler's centralised government

Following a series of electoral victories by the Nazi Party, Adolf Hitler was appointed chancellor of Germany on 30 January 1933. Soon after, the Nazi Party began to eliminate political opposition and consolidate power. A 1934 German referendum confirmed Hitler as the sole Führer, or leader. Power was centralised in Hitler's person, and his word became the highest law.

Hitler ruled Germany autocratically, asserting the Führerprinzip (leader principle), which called for absolute obedience from all subordinates. He viewed the government structure as a pyramid, with himself at the top. Top officials reported to Hitler and followed his policies, but they had considerable autonomy. Officials were expected to "work towards the Führer", promoting policies and actions in line with his wishes and the goals of the Nazi Party, without Hitler having to be involved in the day-to-day running of the country. He often deferred making decisions, avoided clear delegation, and allowed subordinates to compete with one another, especially in the pre-war years.

Hitler's government inherited the governmental structure and institutions of the Weimar Republic, but it also created a large number of different organisations to help them govern and remain in power. Through successive Reichsstatthalter decrees, Germany's states were effectively replaced by Nazi provinces called Gaue. All civilian organisations, including agricultural groups, volunteer organisations, and sports clubs, had their leadership replaced with Nazi sympathisers or party members. By July 1933, all other political parties had been banned or had dissolved themselves, and the Law Against the Formation of Parties declared the Nazis the only legal party.

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World War II's end

The Weimar Constitution, Germany's constitution before and during World War II, was signed into law on 11 August 1919. It was drafted by lawyer and liberal politician Hugo Preuss and overseen by the German National Assembly in the state of Weimar. The Weimar Constitution was Germany's first parliamentary democracy, guaranteeing individual rights such as freedom of speech and assembly to each citizen.

However, the Weimar Constitution was weakened by a combination of the Great Depression, the severe peace conditions of the Treaty of Versailles, and a long succession of unstable governments. This instability, along with poor economic conditions, allowed right-wing elements to gain a foothold in the Reichstag, ultimately leading to the rise of Adolf Hitler and the Nazi Party in the 1930s.

Hitler exploited the weaknesses of the Weimar system to consolidate power and establish a centralized totalitarian government. Under his rule, Germany instigated World War II, which ended with Germany's unconditional surrender on 8 May 1945.

Following World War II, the West German Constitution, termed "Basic Law" (Grundgesetz), was approved in Bonn on 8 May 1949 and came into effect on 23 May. This constitution was retained as the definitive constitution of reunified Germany in 1990. It included provisions such as the inviolability of human dignity, the protection of fundamental rights, and the democratic and legal nature of the state.

Since then, there have been various amendments to the Basic Law, including the addition of affirmative action for women's rights, environmental protection as a policy objective, and the protection of animals. The most notable change was the Balanced Budget Amendment, which became fully effective in 2016.

Post-war constitution

Germany's post-World War II constitution, known as the "Basic Law" (Grundgesetz), was approved in Bonn on May 8, 1949, and came into effect on May 23 after being approved by the occupying Western Allies. The Basic Law was intended to be provisional, pending the reunification of Germany, but when reunification occurred in 1990, it was retained as the definitive constitution.

The Basic Law established the Federal Republic of Germany as a parliamentary democracy with a bicameral parliament, consisting of the Bundestag and the Bundesrat. It guaranteed fundamental rights, such as human dignity, equality before the law, freedom of expression, and the abolition of the death penalty. It also included provisions for the protection of the environment, animal welfare, and women's rights.

The process of drafting the Basic Law was influenced by the lessons learned from the failures of the Weimar Constitution, which had been in effect from 1919 until the rise of Nazi Germany in the 1930s. The Weimar Constitution, drafted by lawyer and liberal politician Hugo Preuss, had established Germany's first parliamentary democracy, but it suffered from instability due to extremist elements and a weak central government. The Nazi Party exploited these weaknesses to gain power and dismantle democratic institutions.

To address these issues, the Basic Law included mechanisms to promote stability and prevent the rise of extremist forces. For example, it made it more difficult to remove a chancellor without a replacement, and it required a vote against the entire cabinet rather than individual ministers. Additionally, the Basic Law gave the Federal Government the power to "transfer sovereign powers to international institutions," reflecting the post-war context and the desire to embed Germany within a framework of international laws and institutions.

In the years since its adoption, the Basic Law has undergone several amendments, including the addition of affirmative action for women's rights, the institutionalization of EU membership, and a balanced budget amendment. These changes reflect the evolving nature of the German constitution and its adaptability to new social, political, and economic realities.

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