Enabling Act: Content & Meaning |

On March 24, 1933, a constitutional amendment came into force in the German Reich, which is considered the last step in the establishment of the Nazi dictatorship. This gave Hitler full legislative power. This happened through the so-called «Enabling Act», the official name of which was «Act to Eliminate the Distress of the People and the Reich».

Enabling Act – Definition

A Enabling Act may be passed by Parliament to give special powers to the government. This requires a two-thirds majority and the state must be in a crisis.

Since 1914, a number of enabling laws have been enacted, which, although not in line with the Weimar Constitution were compliant, by the special situation however, were accepted. Therefore, there was not just the one enabling law.

For this article, however, the enabling laws that existed before are no longer relevant. This is only about the Enabling Act of 1933.

Enabling Act 1933

The Enabling Act of March 1933, the «Law to eliminate the need of people and empire«, counts as the last step in the National Socialist dictatorship. In the following you will learn how the law was passed and what powers Hitler had.

Enabling Act – Prehistory

The way there was actually taken quite quickly. Keep in mind that Adolf Hitler only died on January 30, 1933 Chancellor was appointed.

Emergency decree for the protection of the German people

in the March 1933 was Hitler yet no dictator, but merely Reich Chancellor. He wasn’t allowed to pass laws without further ado, because that was what he was for Parliament responsible. However, it was possible for him emergency decreestogether with the Reich President Paul von Hindenburgto enact.

That’s how it happened February 7, 1933 to the entry into force of the «Emergency decree for the protection of the German people» – through these became the freedom of assembly and freedom of the press enormous restricted as well as the persecution of political opponents relieved.

Then there was the public terror on the streets by the SA and SS. These were subordinate to the Interior Minister Wilhelm Frick, who was also a NSDAP politician, and thus acted as legal police forces. Especially against them communistsi.e. members and officials of the KPD (German Communist Party) violent action was taken.

the storm Division (SA) was set up as a paramilitary combat force. Above all, it acted as a security force and helped the NSDAP to rise by obstructing organizations of political opponents or protecting and shielding NSDAP events from opponents.

the protection Squad (SS) was a Nazi organization used by Hitler and the NSDAP as an instrument of domination and oppression. In the Third Reich, it rose to become the most powerful organization of the National Socialists.

Reichstag Fire Ordinance

Marinus van der Lubbe was sentenced to death and executed on January 10, 1934.

The arson in the Reichstag was considered by the NSDAP communist attack shown, the one revolution wanted to bring about. This narrative was used by the Nazis to even harder on left-wing partiesespecially communists, to take action.

Therefore, already on February 28, 1933 the «Decree of the Reich President for the protection of people and state«, also «Reichstag Fire Ordinance» called, enacted.

The Reichstag Fire Ordinance allegedly served to Protection from communist acts of violence that endanger the state. With her were as good as all fundamental rights overridden. That Rerespects freedom of expression, personal freedom, the letter and mail such as Telephone and telegraph secretas well as the freedom of association and assembly became largely abolished or strong restricted.

Furthermore, the legal possibilities were increased house searches such as confiscations personal property expanded. In addition, KPD members and officials could now very easily become legal arrested will.

Just a few days later, on March 5, 1933, found under these new regulations the Reichstag election instead of. The political opposition was systematically and violently suppressed by the National Socialists – the NSDAP won 43.9% of the votes.

Enabling Act – simply explained

Now let’s get to Enabling Act from the March 24, 1933. As you have already learned, within a few weeks, a large part of the basic rights of the Weimar Constitution were largely suspended. The Enabling Act was the last step that had to be taken to pave the way for the National Socialists to become a totalitarian dictatorship.

Since the NSDAP «only» got 43.9% of the votes and thus not the majority in the Reichstag constituted, it was not yet possible for them to act freely according to their ideas. Therefore, Hitler strove for an enabling law that would enable him only about new laws to determine – but this also had to be approved by the Reichstag. How did he do it?

the KPD was already completely out of codetermination excludedbecause all their deputies were already escaped or arrested been. Conservative and Center parties were by Hitler convinced, to vote for the Enabling Act by leading them to believe that it necessary be to Germany stabilize economically and politically to be able to

Furthermore, in Article 5 held that the law was to be repealed in 1937 – a lie intended to gain the consent of the other parties.

In addition, the vote in the shadow was more significant threats by those present at the meeting SA. the SPD voted as the only party closed against the Enabling Act – but this could not prevent enforcement.

The Enabling Act now passed the entire legislative power to Hitler above. He could now

  • enacted without the consent of other laws,
  • enact laws that deviate from the Constitution
  • and conclude contracts directly with foreign countries.

So was thereby the constitutional state eliminated and the basis for further expansion Nazi dictatorship was created.

The Reichstag has passed the following law, which, with the consent of the Reichsrat, is hereby promulgated after it has been determined that the requirements of constitution-amending legislation have been met:Article 1. Reich laws can also be passed by the Reich government in addition to the procedure provided for in the Reich constitution. This also applies to the laws specified in Articles 85, Paragraphs 2 and 87 of the Imperial Constitution.Article 2. The Reich laws passed by the Reich government may deviate from the Reich constitution insofar as they do not deal with the establishment of the Reichstag and the Reichsrat as such. The rights of the Reich President remain unaffected.Article 3. The Reich laws passed by the Reich government are drawn up by the Reich Chancellor and promulgated in the Reich Law Gazette. Unless otherwise specified, they come into effect on the day following their promulgation. Article 4. Treaties between the Reich and foreign states that relate to subjects of Reich legislation do not require the consent of the bodies involved in the legislation. The government of the Reich issues the regulations required for the implementation of these contracts.Article 5. This law comes into force on the day of its promulgation. It expires on April 1, 1937; it also ceases to have effect if the present Reich government is replaced by another.

The quote above is from: Wolfgang Michalka (ed.), The Third Reich. Documents on Domestic and Foreign Policy, Volume 1, Munich 1985, p. 35.

Enabling Act – Meaning

The Enabling Act was the final move by the National Socialists and Hitler, paving the way for totalitarian dictatorship released. The «Emergency Decree for the Protection of the German People» and the «Reichstag Fire Decree» already had that Freedom of the press and assembly as well as basic civil rights are restricted respectively overridden and the legal one Persecution/imprisonment of political opponents allows.

The Enabling Act transferred the entire legislative power to Hitler. It also enabled him to make laws on his own, without the consent of the Reich President or the Reichstag. Hitler thus had a few weeks after his appointment as Reich Chancellor dictatorial competencies.

Enabling Act – Effects

By transferring legislative power to Hitler managed yourself that houses of Parliament as a democratic institution, so to speak himself off. Thus became the Decline of Germany’s first pluralistic democracy sealed. Due to the fact that powers were transferred to Hitler and the NSDAP by law, the Nazi dictatorship under the cloak of legality to be erected.

rule of law as well as the separation of powers were final when the Enabling Act came into force abolished and all power now rested with the Nazis.

This led, among other things, to the SPD in the Banned June 1933 became. To forestall similar prohibitions, all other parties then dissolved themselves. Less than six months after Hitler became Reich Chancellor, there was July 1933 in Germany just another partei: the NSDAP.