Nazi Conspiracy & Aggression B. Control Acquired
(1) On 30 January 1933, Hitler became Chancellor of the
German Republic.
(2 After the Reichstag fire of 28 February 1933, clauses of
the Weimar Constitution guaranteeing personal liberty an
freedom of speech, of the press, of association and
assembly, were suspended. The Weimar Constitution contained
certain guarantees as to personal freedom
(Article 114), as to inviolability of the home (Article
115), and as to the secrecy of letters and other
communications (Article 117). It also had provisions
safeguarding freedom of speech and of the press (Article
118), and of assembly (Article 123), and of association
(Article 124). The Reich President was authorized, "if
public safety and order in the German Reich are considerably
disturbed or endangered," to take steps to suspend "the
Fundamental Rights" established in Articles 114, 115, 117,
118, 123, 124, and 153. (Article 48 (2) ). (2050-PS)
On 28 February 1933, the Nazi conspirators, taking as their
excuse a fire which had just destroyed the Reichstag
building, caused to be promulgated a Decree of the Reich
President suspending the constitutional guarantee of
freedom. This decree, which purported to be an exercise of
the powers of the Reich President under Article 48 (2) of
the Constitution, and which was signed by the Reich
President, Hindenburg, the Reich Chancellor, Hitler, the
Reich Minister of the Interior, Frick, and the Reich-
Minister of Justice, Guertner, provided in part:
"Sections 114, 115, 117, 118, 123, 124, and 153 of the
Constitution of the German Reich are suspended until
further notice. Thus, restrictions on personal liberty,
on the right of free expression of opinion, including
freedom of the press, on the right of assembly and the
right of association, and violations of the privacy of
postal, telegraphic, and telephonic communications, and
warrants for house-searchers, orders for confiscations
as well as restrictions on property, are also
permissible beyond the legal limits otherwise
prescribed."
(3) The Nazi conspirators secured the passage by the
Reichstag of a "Law for the Protection of the People and the
Reich",
[Page 209]
giving Hitler and the members of his then Cabinet plenary
powers of legislation. At the first meeting of Hitler's
Cabinet on 30 January 1933, passage of an Enabling Law
(Ermaechtigungsgesetz) was discussed, and suppression of the
Communist Party was considered as a means for securing the
majority requisite for this and other purposes. (351-PS)
Since such a law involved a change in the Constitution it
was governed by Article 76 of the Weimar Constitution which
provided: "The Constitution may be amended by law. The acts
of the Reichstag amending the Constitution can only take
effect if two-thirds of the regular number of members are
present and at least two-thirds of those present consent."
(2050-PS) At the first meeting of the Hitler Cabinet on 30
January 1933, both Hitler and Goering favored early
dissolution of the Reichstag and new elections in an effort
to achieve a. majority for the new Cabinet. (51-PS) This
course was followed and new elections for the Reichstag were
held on March 1933, at which 288 Nazis were elected out of
647 members (2514-PS).
Taking advantage of the Presidential decree of 28 February
1933 suspending constitutional guarantees of freedom,
Goering and other Nazi conspirators immediately caused a
large number of Communists, including party officials and
Reichstag deputies, and a smaller number of Social
Democratic officials and deputies to be placed in
"protective custody". (2324-PS; 2573-PS; L-83) thus all
Communist deputies and a number of Social Democratic
deputies were prevented from attending the new session of
the Reichstag. On 9 March 1933, Frick announced that the
Communists would be prevented from participating in the
first session of the Reichstag on March 21st, because of
their being more usefully occupied. (240-PS) As Frick
cynically stated:
"When the Reichstag meets the 21st of March, the
Communists will be prevented by urgent labor elsewhere
from participating in the session. In concentration
camps they will be re-educated for productive work. We
will know how to render harmless permanently sub-humans
who do not want to be re-educated." (2651-PS)
At a meeting of the Reich Cabinet on 15 March 1933, the
problem of securing the necessary two-thirds majority in
favor of an Enabling Act was again considered. Frick stated
his belief that the Act would have to be broadly conceived,
in a manner to allow for any deviation from the
clauses of the Constitution of the Reich. Goering thought
the two-thirds majority would be forthcoming and that if
necessary some of the Social Democrats could be excluded
from the room during the voting. (2962-PS)
[Page 210]
At a meeting of the Cabinet on 20 March 1933, there was
further discussion of means for securing the majority and
quorum necessary to secure passage of the Act (2963-PS). On
23 March, Hitler spoke in favor of an Enabling Law proposed
by the Nazi conspirators and in the course of the debate
said:
"The Government insists on the passage of this law. It
expects a clear decision in any case. It offers to all
the Parties in the Reichstag the possibility of a
peaceful development and a possible conciliation in the
future. But it is also determined to consider a
disapproval of this law as a declaration of resistance.
It is up to you, gentlemen, to make the decision now.
It will be either peace or war." (2652-PS)
Thus subject to the,full weight of Nazi pressure and terror,
the Reichstag passed the proposed law, 441 deputies voting
in its favor, and 94 Social Democrats being opposed (2579-PS). The following day, the law was promulgated. It provided:
"The Reichstag has resolved the following law, which is, with the approval of the Reichsrat, herewith promulgated, after it has been established that the requirements have been satisfied for legislation altering the Constitution.
"SECTION 1. Reich laws can be enacted by the Reich
Cabinet as well as in accordance with the Procedure
established in the Constitution. This applies also to
the laws referred to in article 85, paragraph 2, and in
article 87 of the Constitution.
"SECTION 2. The national laws enacted by the Reich
Cabinet may deviate from the Constitution so far as
they do not affect the position of the Reichstag and
the Reichsrat. The powers of the President remain
undisturbed.
"SECTION 3. The national laws enacted by the Reich
Cabinet are prepared by the Chancellor and published in
the Reichsgesetzblatt. They come into effect, unless
otherwise specified, upon the day following their
publication. Articles 68 to 77 of the Constitution do
not apply to the laws enacted by the Reich Cabinet.
"SECTION 4. Treaties of the Reich with foreign states
which concern matters of national legislation do not require the consent of the bodies participating in
legislation. The Reich Cabinet is empowered to issue
the necessary provisions for the execution of these treaties.
"SECTION 5. This law becomes effective on the day of
its publication. It becomes invalid on April 1, 1937;
it further
[Page 211]
becomes invalid when the present Reich Cabinet is
replaced by another." (2001-PS)
The time limit stated in the law was twice extended by
action of the Reichstag and once by decree of Hitler. (2047-PS; 2048-PS; 2103-PS)
The original plaintext version of
part
one or
part
two of this file is available via
ftp.
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Volume
I Chapter VII
Means Used by the Nazi Conspiractors in Gaining Control of the German State
(Part 10 of 55)