Omar Bennett
The Enabling Act of 1933 suspended Germany's constitution for four years. The act was renewed in 1937 and 1941, and its provisions were extended for the duration of World War II. The act gave Hitler's government the power to enact laws without the consent of the Reichstag, allowing them to transform Germany into a legal dictatorship and pursue an aggressive foreign policy that ultimately led to World War II.
| Characteristics | Values |
|---|---|
| Name | Enabling Act of 1933 |
| Gave the government the right to | Draw up the budget, approve treaties, and enact any laws whatsoever without input from the Reichstag |
| Allowed the National Ministry to | Enact legislation, including laws deviating from or altering the constitution, without the consent of the Reichstag |
| Gave the central government the authority to | Overrule state and local laws and overthrow state and local governments |
| Allowed the government to | Arrest and incarcerate political opponents without specific charges, dissolve political organizations, and suppress publications |
| Gave Hitler the power to | Begin German rearmament and achieve his aggressive foreign policy aims, which ultimately resulted in World War II |
| Was renewed | Twice, first in 1937 and then in 1941 |
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What You'll Learn
The Reichstag Fire Decree
The Reichstag fire was a pivotal moment in the establishment of Nazi Germany. The Nazis attributed the fire to a group of Communist agitators, claiming it was evidence of a plot against the government. This induced Hindenburg to issue the Reichstag Fire Decree, suspending civil liberties and enabling a "ruthless confrontation" with the Communists. The decree nullified many key civil liberties, including habeas corpus, freedom of expression, freedom of the press, the right to public assembly, and the right of free association. It also removed all restraints on police investigations, allowing the Nazis to arrest and incarcerate political opponents without specific charges.
Article 2 of the decree allowed the Reich government to assume powers normally reserved for the federal states. If a state failed to take the necessary measures for restoring public security and order, the Reich government could temporarily take over the powers of the highest state authority. This enabled the Nazis to spread their heavy-handed repression beyond Prussia to the rest of the Reich.
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Suspension of individual rights
The Weimar Constitution, which was considered "the most liberal and democratic document of its kind the twentieth century had ever seen", was suspended. However, the Constitution of the German Empire dated 15 April 1871 was also suspended, and other Reich laws and decrees that did not contradict the new constitution remained in force.
The Decree of the Reich President for the Protection of the People and the State, popularly known as the Reichstag Fire Decree, was passed on February 28, 1933. This decree suspended important provisions of the German constitution, particularly those safeguarding individual rights and due process of law. The Reichstag fire was caused by 24-year-old Dutch militant Marinus van der Lubbe, who set fire to the German parliament, causing extensive damage to the building that had long been a symbol of German unity. The government falsely portrayed the incident as a communist plot to overthrow the state, and this decree was passed as a defensive measure.
The decree allowed for the restriction of the right to assembly, freedom of speech, and freedom of the press, among other rights. It also removed all restraints on police investigations, allowing the regime to arrest and incarcerate political opponents without specific charges, dissolve political organizations, and suppress publications. Furthermore, it gave the central government the authority to overrule and overthrow state and local governments. This decree became a permanent feature of the Nazi police state, solidifying Hitler's dictatorship.
Article 48, also known as the emergency decree provision, gave the president broad powers to suspend civil liberties and depose local governments. While the original intent was to use this article sparingly in the event of a national emergency, it was invoked 205 times before Hitler became chancellor, and he quickly seized the opportunity to use it for his benefit.
Today, Germany sees itself as a wehrhafte Demokratie (fortified democracy), where actions targeted towards removing the democratic order are not covered by human rights. Germany is a member of the United Nations Human Rights Council and recognizes the jurisdiction of the International Criminal Court. While the country generally has a strong record on human rights, there have been some criticisms and concerns. For example, Amnesty International has criticized rare cases of police brutality, mistreatment of refugees, and racist attacks. Additionally, there have been reports of forced psychiatric interventions meeting the criteria of torture, and the government has worked towards legalizing involuntary treatment. Ethnic minorities are also underrepresented in the political process and public life.
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Hitler's legal dictatorship
On January 30, 1933, Adolf Hitler was appointed chancellor of Germany. Shortly after, the Reichstag passed the Enabling Act of 1933, which transformed the Weimar Republic into a one-party dictatorship based on the totalitarian, autocratic, and fascistic ideology of Nazism. The Enabling Act, along with the Reichstag Fire Decree, formed the basis for Hitler's legal dictatorship.
The Enabling Act allowed Hitler to issue and enact laws without the consent of Germany's parliament or Reich President von Hindenburg. The act became the cornerstone of Hitler's dictatorship, allowing him to pass laws that violated the Weimar Constitution.
The Reichstag Fire Decree, popularly known as the Decree of the Reich President for the Protection of the People, suspended important provisions of the German constitution, including those safeguarding individual rights and due process of law. The decree permitted the restriction of the right to assembly, freedom of speech, and freedom of the press, and it removed all restraints on police investigations. With the decree in place, the Nazis were free to arrest and incarcerate political opponents without specific charges, dissolve political organizations, and suppress publications. It also gave the central government the authority to overrule and overthrow state and local governments.
Hitler took care to give his dictatorship the appearance of legality. Many of his decrees were explicitly based on the Reichstag Fire Decree and, therefore, on Article 48 of the Weimar Constitution. While elections to the Reichstag were still held, voters were presented with a single list of Nazis and pro-Nazi "guests", and the Nazis threatened severe reprisals against anyone who did not vote or who voted against.
Hitler's dictatorship lasted for 12 years, during which he continued to strengthen his hold on the country.
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Enabling Act of 1933
On March 23, 1933, the Enabling Act of 1933 was passed, becoming the cornerstone of Adolf Hitler's dictatorship. The act allowed Hitler to enact laws, including those that violated the Weimar Constitution, without the approval of parliament or Reich President von Hindenburg.
The Enabling Act of 1933, officially known as the "Law to Remedy the Distress of the People and the Reich," gave the government the right to draw up the budget, approve treaties, and enact any laws whatsoever without input from the Reichstag. This was made possible by Articles 1 and 4 of the Enabling Act, which bypassed the rules of pre-1933 German legal interpretation dictating that laws be decided by a majority vote in the Cabinet. Until Hitler effectively became President in 1934, laws were passed without any input from the head of state, marking a unique situation in German history.
The passage of the Enabling Act depended on a two-thirds majority vote in parliament. To ensure the desired outcome, Hitler and the Nazi Party used intimidation and persecution to prevent all 81 Communists and 26 of the 120 Social Democrats from taking their seats, detaining them in Nazi-controlled camps. The day of the vote, the Nazi leadership sent SS troops into the makeshift Reichstag building to intimidate other political parties.
The Enabling Act completed the effect of the Reichstag Fire Decree, which had abolished most civil liberties, including freedom of speech, assembly, and protest, as well as the right to due process. The Enabling Act transformed Hitler's government into a legal dictatorship and laid the groundwork for his totalitarian regime. It allowed Hitler to begin German rearmament and pursue his aggressive foreign policy aims, ultimately resulting in World War II.
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Weimar Constitution
The Weimar Constitution was the federal constitution of Germany from 1919 until its demise in 1933. It was drafted in Weimar during the German Revolution of 1918–1919, following the collapse of the Second Reich and the end of World War I. The constitution was signed on 11 August 1919 and became effective on 14 August.
The Weimar Constitution established a new system of democratic government, marking a shift from the previous monarchy. It introduced a federal system, dividing Germany into eighteen different states called Länder, each with its own local government. The constitution also introduced universal suffrage, granting all adults over the age of twenty the right to vote.
The Weimar Republic's legislative branch consisted of two houses: the Reichstag and the Reichsrat. The chancellor, who was the leader of the Reichstag, was appointed by the president and typically held a position similar to that of a prime minister. The president, on the other hand, had supreme command over the military and could appoint and remove the chancellor. The constitution allowed the president to dismiss the chancellor even if they retained the confidence of the Reichstag, and vice versa.
One of the most significant aspects of the Weimar Constitution was Article 48, which granted the president broad powers during a state of emergency. This article allowed the president to rule by decree, bypassing the elected Reichstag, and gave them the authority to use armed force and suspend civil liberties to restore law and order. However, the article did not define what constituted a 'state of emergency', and it was often misused, eventually enabling Hitler to 'legally' seize control of Germany.
Despite its democratic ideals, the Weimar Constitution faced several challenges. The proportional representation voting system led to political instability, with many parties forming coalitions and disagreeing on policies. Additionally, the constitution struggled to gain legitimacy in the eyes of the German people, and the reliance on foreign loans contributed to economic depression and further political instability.
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Frequently asked questions
The Reichstag Fire Decree was a decree by the Reich President that suspended important provisions of the German constitution, including those safeguarding individual rights and due process of law. It was used as a defensive measure against communist acts of violence that endangered the state.
The Enabling Act of 1933 was a law that allowed the National Ministry to enact legislation, including laws deviating from or altering the constitution, without the consent of the Reichstag, for a period of four years.
The Enabling Act of 1933 completed the effect of the Reichstag Fire Decree, transforming Hitler's government into a legal dictatorship and laying the groundwork for his totalitarian regime.
The Weimar Constitution was the Constitution of the German Empire dating back to 15 April 1871. It was considered by historian William L. Shirer to be "the most liberal and democratic document of its kind the twentieth century had ever seen". However, it had serious legitimacy problems in the eyes of the German people.
