[ed. Chancellor=President; Reichstag= Congress]
Despite outlawing the communists and repressing other opponents, the passage of the Enabling Act was not a certainty. Hitler allied with other nationalist and conservative factions, and they steamrolled over the Social Democrats in the March 1933 German federal election. Germans voted in an atmosphere of extreme voter intimidation perpetrated by the Nazi Sturmabteilung (SA) militia. Contrary to popular belief, Hitler did not win an outright majority in the Reichstag as the majority of Germans did not vote for the Nazi Party. The election was a setback for the Nazis; however, it was insufficient in stopping the ratification of the Enabling Act. In order to obtain the act's passage, the Nazis implemented a strategy of coercion, bribery, and manipulation. Hitler removed any remaining political obstacles so his coalition of conservatives, nationalists, and Nazis could begin building the Nazi dictatorship. Once the Enabling Act was introduced, it was hastily passed by the Reichstag and Reichsrat on 23 March 1933. Later that day, the Enabling Act was signed into law by President Paul von Hindenburg. Unless extended by the Reichstag, the act would expire after four years. With the Enabling Act now in force, the cabinet (in practice, the chancellor) could pass and enforce laws without legislative oversight.
The combined effect of the Enabling Act and the Reichstag Fire Decree transformed Hitler's government into a legal dictatorship and laid the groundwork for his totalitarian regime. By July, the NSDAP was the only legally permitted party in Germany. The Reichstag from 1933 onward effectively became the rubber stamp parliament that Hitler had desired. The German conservative elite, which included the vice-chancellor Franz von Papen, who miscalculated the true intention of the Nazis to monopolize state power, were soon marginalized by the Nazi regime. By mid-March, the government began sending communists, labor union leaders, and other political dissidents to Dachau, the first Nazi concentration camp.
The passing of the Enabling Act marked the formal transition from the democratic Weimar Republic to the totalitarian Nazi dictatorship. From 1933 onward, Hitler continued to consolidate and centralize power via purges and propaganda. In 1934, Hitler and Heinrich Himmler began removing non-Nazi officials together with Hitler's rivals within the Nazi Party, culminating in the Night of the Long Knives [ed. a series of straight up murders targeting political opponents]. Once the purges of the Nazi Party and German government concluded, Hitler had total control over Germany. Armed with the Enabling Act, Hitler could begin German rearmament and achieve his aggressive foreign policy aims which ultimately resulted in World War II. The Enabling Act was renewed twice but was rendered moot when Nazi Germany surrendered to the Allies in 1945, and was repealed by a law passed by the occupying powers in September of that year. The Basic Law for the Federal Republic of Germany of 1949 stipulates that only bodies that are constitutionally endowed with legislative power may enact laws, so the German constitution does not allow the adoption of an enabling act similar to the one from 1933.
Background
After being appointed Chancellor of Germany on 30 January 1933, Hitler asked President von Hindenburg to dissolve the Reichstag. A general election was scheduled for 5 March 1933. The Secret Meeting of 20 February 1933 was held between Hitler and 20 to 25 industrialists at the official residence of Hermann Göring in the Reichstag Presidential Palace, and was aimed at financing the election campaign of the Nazi Party (NSDAP).
The burning of the Reichstag was depicted by the Nazis as the beginning of a communist revolution, and Hitler urged Hindenburg to pass the presidential Reichstag Fire Decree. The decree significantly curbed civil rights for German citizens and suspended freedom of press and habeas corpus rights just five days before the election. Hitler used the decree to have the office of the Communist Party of Germany (KPD) raided and its representatives arrested, effectively eliminating them as a political force.
Although they received five million more votes than in the previous election, the Nazis failed to gain an absolute majority in parliament, and depended on the 8% of seats won by their coalition partner, the German National People's Party, (DNVP) to reach 52% in total. To free himself from this dependency, Hitler had the cabinet, in its first post-election meeting on 15 March, draw up plans for an Enabling Act which would give the cabinet legislative power for four years. The Nazis devised the Enabling Act to gain complete political power without the need of the support of a majority in the Reichstag and without the need to bargain with their coalition partners. The Nazi regime was unique compared to its contemporaries, most famously Joseph Stalin's, because Hitler did not seek to draft a completely new constitution whereas Stalin did so. Technically the Weimar Constitution of 1919 remained in effect even after the Enabling Act, only losing force in 1945 when Germany surrendered at the end of World War II and ceased to be a sovereign state.
Preparations and negotiations
The Enabling Act allowed the National Ministry (essentially the cabinet) to enact legislation, including laws deviating from or altering the constitution, without the consent of the Reichstag. Because this law allowed for departures from the constitution, it was itself considered a constitutional amendment. Thus, its passage required the support of two-thirds of those deputies who were present and voting. A quorum of two-thirds of the entire Reichstag was required to be present in order to call up the bill.
The Social Democrats (SPD) and the Communists (KPD) were expected to vote against the Act. The government had already arrested all Communist and some Social Democrat deputies under the Reichstag Fire Decree. The Nazis expected the parties representing the middle class, the Junkers and business interests to vote for the measure, as they had grown weary of the instability of the Weimar Republic and would not dare to resist.
Hitler believed that with the Centre Party members' votes, he would get the necessary two-thirds majority. Hitler negotiated with the Centre Party's chairman, Ludwig Kaas, a Catholic priest, finalizing an agreement by 22 March. Kaas agreed to support the Act in exchange for assurances of the Centre Party's continued existence, the protection of Catholics' civil and religious liberties, religious schools and the retention of civil servants affiliated with the Centre Party. It has also been suggested that some members of the SPD were intimidated by the presence of the Nazi Sturmabteilung (SA) throughout the proceedings.
by Wikipedia | Read more:[ed. Starts slowly and builds momentum. Resistors wring their hands, pander, rationalize, and eventually capitulate refusing to see what's happening before their very eyes - until they're no longer needed and then just murdered (Night of the Long Knives). See also: Senate Confirms Russell Vought as Office of Management and Budget Director (NYT).]
In January 1933, Adolf Hitler, leader of the Nazi Party, was appointed as chancellor, the head of the German government. On 27 February, the Reichstag building of the German parliament caught fire. Acting as chancellor, Hitler immediately accused the Communists of being the perpetrators of the fire and claimed the arson was part of a larger effort to overthrow the German government. Using this justification, Hitler persuaded Hindenburg to enact the Reichstag Fire Decree. The decree abolished most civil liberties, including the right to speak, assemble, protest, and due process. Using the decree, the Nazis declared a state of emergency and began a violent crackdown against their political enemies. As Hitler cleared the political arena of anyone willing to challenge him, he contended that the decree was insufficient and required sweeping policies that would safeguard his emerging dictatorship. Hitler submitted a proposal to the Reichstag that if passed would immediately grant all legislative powers to the cabinet, and by extension Hitler. This would in effect allow Hitler's government to act without regard to the constitution.
Despite outlawing the communists and repressing other opponents, the passage of the Enabling Act was not a certainty. Hitler allied with other nationalist and conservative factions, and they steamrolled over the Social Democrats in the March 1933 German federal election. Germans voted in an atmosphere of extreme voter intimidation perpetrated by the Nazi Sturmabteilung (SA) militia. Contrary to popular belief, Hitler did not win an outright majority in the Reichstag as the majority of Germans did not vote for the Nazi Party. The election was a setback for the Nazis; however, it was insufficient in stopping the ratification of the Enabling Act. In order to obtain the act's passage, the Nazis implemented a strategy of coercion, bribery, and manipulation. Hitler removed any remaining political obstacles so his coalition of conservatives, nationalists, and Nazis could begin building the Nazi dictatorship. Once the Enabling Act was introduced, it was hastily passed by the Reichstag and Reichsrat on 23 March 1933. Later that day, the Enabling Act was signed into law by President Paul von Hindenburg. Unless extended by the Reichstag, the act would expire after four years. With the Enabling Act now in force, the cabinet (in practice, the chancellor) could pass and enforce laws without legislative oversight.
The combined effect of the Enabling Act and the Reichstag Fire Decree transformed Hitler's government into a legal dictatorship and laid the groundwork for his totalitarian regime. By July, the NSDAP was the only legally permitted party in Germany. The Reichstag from 1933 onward effectively became the rubber stamp parliament that Hitler had desired. The German conservative elite, which included the vice-chancellor Franz von Papen, who miscalculated the true intention of the Nazis to monopolize state power, were soon marginalized by the Nazi regime. By mid-March, the government began sending communists, labor union leaders, and other political dissidents to Dachau, the first Nazi concentration camp.
The passing of the Enabling Act marked the formal transition from the democratic Weimar Republic to the totalitarian Nazi dictatorship. From 1933 onward, Hitler continued to consolidate and centralize power via purges and propaganda. In 1934, Hitler and Heinrich Himmler began removing non-Nazi officials together with Hitler's rivals within the Nazi Party, culminating in the Night of the Long Knives [ed. a series of straight up murders targeting political opponents]. Once the purges of the Nazi Party and German government concluded, Hitler had total control over Germany. Armed with the Enabling Act, Hitler could begin German rearmament and achieve his aggressive foreign policy aims which ultimately resulted in World War II. The Enabling Act was renewed twice but was rendered moot when Nazi Germany surrendered to the Allies in 1945, and was repealed by a law passed by the occupying powers in September of that year. The Basic Law for the Federal Republic of Germany of 1949 stipulates that only bodies that are constitutionally endowed with legislative power may enact laws, so the German constitution does not allow the adoption of an enabling act similar to the one from 1933.
Background
After being appointed Chancellor of Germany on 30 January 1933, Hitler asked President von Hindenburg to dissolve the Reichstag. A general election was scheduled for 5 March 1933. The Secret Meeting of 20 February 1933 was held between Hitler and 20 to 25 industrialists at the official residence of Hermann Göring in the Reichstag Presidential Palace, and was aimed at financing the election campaign of the Nazi Party (NSDAP).
The burning of the Reichstag was depicted by the Nazis as the beginning of a communist revolution, and Hitler urged Hindenburg to pass the presidential Reichstag Fire Decree. The decree significantly curbed civil rights for German citizens and suspended freedom of press and habeas corpus rights just five days before the election. Hitler used the decree to have the office of the Communist Party of Germany (KPD) raided and its representatives arrested, effectively eliminating them as a political force.
Although they received five million more votes than in the previous election, the Nazis failed to gain an absolute majority in parliament, and depended on the 8% of seats won by their coalition partner, the German National People's Party, (DNVP) to reach 52% in total. To free himself from this dependency, Hitler had the cabinet, in its first post-election meeting on 15 March, draw up plans for an Enabling Act which would give the cabinet legislative power for four years. The Nazis devised the Enabling Act to gain complete political power without the need of the support of a majority in the Reichstag and without the need to bargain with their coalition partners. The Nazi regime was unique compared to its contemporaries, most famously Joseph Stalin's, because Hitler did not seek to draft a completely new constitution whereas Stalin did so. Technically the Weimar Constitution of 1919 remained in effect even after the Enabling Act, only losing force in 1945 when Germany surrendered at the end of World War II and ceased to be a sovereign state.
Preparations and negotiations
The Enabling Act allowed the National Ministry (essentially the cabinet) to enact legislation, including laws deviating from or altering the constitution, without the consent of the Reichstag. Because this law allowed for departures from the constitution, it was itself considered a constitutional amendment. Thus, its passage required the support of two-thirds of those deputies who were present and voting. A quorum of two-thirds of the entire Reichstag was required to be present in order to call up the bill.
The Social Democrats (SPD) and the Communists (KPD) were expected to vote against the Act. The government had already arrested all Communist and some Social Democrat deputies under the Reichstag Fire Decree. The Nazis expected the parties representing the middle class, the Junkers and business interests to vote for the measure, as they had grown weary of the instability of the Weimar Republic and would not dare to resist.
Hitler believed that with the Centre Party members' votes, he would get the necessary two-thirds majority. Hitler negotiated with the Centre Party's chairman, Ludwig Kaas, a Catholic priest, finalizing an agreement by 22 March. Kaas agreed to support the Act in exchange for assurances of the Centre Party's continued existence, the protection of Catholics' civil and religious liberties, religious schools and the retention of civil servants affiliated with the Centre Party. It has also been suggested that some members of the SPD were intimidated by the presence of the Nazi Sturmabteilung (SA) throughout the proceedings.
by Wikipedia | Read more:
Image: Adlebert public domain; NBC News