Enabling Act
Encyclopedia
The Enabling Act was passed by Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...

's Reichstag
Reichstag (Weimar Republic)
The Reichstag was the parliament of Weimar Republic .German constitution commentators consider only the Reichstag and now the Bundestag the German parliament. Another organ deals with legislation too: in 1867-1918 the Bundesrat, in 1919–1933 the Reichsrat and from 1949 on the Bundesrat...

and signed by President Paul von Hindenburg
Paul von Hindenburg
Paul Ludwig Hans Anton von Beneckendorff und von Hindenburg , known universally as Paul von Hindenburg was a Prussian-German field marshal, statesman, and politician, and served as the second President of Germany from 1925 to 1934....

 on 23 March 1933. It was the second major step, after the Reichstag Fire Decree
Reichstag Fire Decree
The Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...

, through which Chancellor Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...

 legally obtained plenary power
Plenary power
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act on a particular subject matter or area...

s and established his dictatorship. It received its name from its legal status as an enabling act
Enabling act
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it for authorization or legitimacy the power to take certain actions. For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation...

 granting the Cabinet
Cabinet of Germany
The Cabinet of Germany is the chief executive body of the Federal Republic of Germany. It consists of the Chancellor and the cabinet ministers. The fundamentals of the cabinet's organization are set down in articles 62 to 69 of the Basic Law.-Nomination:...

 the authority to enact laws without the participation of the Reichstag. The act stated that it was to last for four years unless renewed by the Reichstag, which occurred twice.

The formal name of the Enabling Act was (English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...

: "Law to Remedy the Distress of People and Reich
Reich
Reich is a German word cognate with the English rich, but also used to designate an empire, realm, or nation. The qualitative connotation from the German is " sovereign state." It is the word traditionally used for a variety of sovereign entities, including Germany in many periods of its history...

").

Text

As with most of the laws passed in the process of Gleichschaltung
Gleichschaltung
Gleichschaltung , meaning "coordination", "making the same", "bringing into line", is a Nazi term for the process by which the Nazi regime successively established a system of totalitarian control and tight coordination over all aspects of society. The historian Richard J...

, the Enabling Act is quite short, considering its consequences. It is therefore reproduced in full in German and English:
Law to Remedy the Distress of the People and the Nation
The Reichstag
Reichstag (Weimar Republic)
The Reichstag was the parliament of Weimar Republic .German constitution commentators consider only the Reichstag and now the Bundestag the German parliament. Another organ deals with legislation too: in 1867-1918 the Bundesrat, in 1919–1933 the Reichsrat and from 1949 on the Bundesrat...

 has enacted the following law, which is hereby proclaimed with the assent of the Reichsrat
Reichsrat (Germany)
The Reichsrat was one of the two legislative bodies in Germany under the Weimar constitution, the other one being the Reichstag. After the end of German monarchy and the founding of the Weimar Republic in 1919, the Reichsrat replaced the Bundesrat as the representation of the various German...

, it having been established that the requirements for a constitutional amendment have been fulfilled:
Article 1
In addition to the procedure prescribed by the constitution, laws of the Reich may also be enacted by the government of the Reich. This includes the laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution.
Article 2
Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. The rights of the President remain undisturbed.
Article 3
Laws enacted by the Reich government shall be issued by the Chancellor and announced in the Reich Gazette. They shall take effect on the day following the announcement, unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government.
Article 4
Treaties of the Reich with foreign states which affect matters of Reich legislation shall not require the approval of the bodies of the legislature. The government of the Reich shall issue the regulations required for the execution of such treaties.
Article 5
This law takes effect with the day of its proclamation. It loses force on 1 April 1937 or if the present Reich government is replaced by another.

Hitler's speech before the passing of the Enabling Act

In his speech before the Reichstag on March 23, 1933, just before the Enabling Act is passed, Adolf Hitler speaks out:

By its decision to carry out the political and moral cleansing of our public life, the Government is creating and securing the conditions for a really deep and inner religious life. The advantages for the individual which may be derived from compromises with atheistic organizations do not compare in any way with the consequences which are visible in the destruction of our common religious and ethical values.

The national Government sees in both Christian denominations the most important factor for the maintenance of our society. It will observe the agreements drawn up between the Churches and the provinces; their rights will not be touched. The Government, however, hopes and expects that the task of national and ethical renewal of our people, which it has set itself, will receive the same respect by the other side.

The Government will treat all other denominations with objective and impartial justice. It cannot, however, tolerate allowing membership of a certain denomination or of a certain race being used as a release from all common legal obligations, or as a blank cheque for unpunishable behavior, or for the toleration of crimes. [The national Government will allow and confirm to the Christian denominations the enjoyment of their due influence in schools and education.] And it will be concerned for the sincere cooperation between Church and State.

The struggle against the materialistic ideology and for the erection of a true people's community (Volksgemeinschaft) serves as much the interests of the German nation as of our Christian faith. ...The national Government, seeing in Christianity the unshakable foundation of the moral and ethical life of our people, attaches utmost importance to the cultivation and maintenance of the friendliest relations with the Holy See. ...The rights of the churches will not be curtailed; their position in relation to the State will not be changed.

Background

After being appointed chancellor of Germany on January 30, 1933, Hitler asked President von Hindenburg to dissolve the Reichstag. A general election
German election, 1933
The German federal election, March 1933 to the Reichstag of the Weimar Republic was held on 5 March 1933. The Nazis registered a large increase in votes again emerging as the largest party by far, nevertheless they failed to obtain absolute majority...

 was scheduled for March 5, 1933.

The burning of the Reichstag
Reichstag fire
The Reichstag fire was an arson attack on the Reichstag building in Berlin on 27 February 1933. The event is seen as pivotal in the establishment of Nazi Germany....

 six days before the election, depicted by the Nazis as the beginning of a communist revolution, resulted in the Reichstag Fire Decree
Reichstag Fire Decree
The Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...

, which (among other things) suspended civil liberties
Civil liberties
Civil liberties are rights and freedoms that provide an individual specific rights such as the freedom from slavery and forced labour, freedom from torture and death, the right to liberty and security, right to a fair trial, the right to defend one's self, the right to own and bear arms, the right...

 and habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...

rights. Hitler used the decree to have the Communist Party
Communist Party of Germany
The Communist Party of Germany was a major political party in Germany between 1918 and 1933, and a minor party in West Germany in the postwar period until it was banned in 1956...

's offices raided and its representatives arrested, effectively eliminating them as a political force.

Although receiving five million more votes than in the previous election, the NSDAP had failed to gain an absolute majority in parliament, depending on the 52 seats won by its coalition partner, the German National People's Party
German National People's Party
The German National People's Party was a national conservative party in Germany during the time of the Weimar Republic. Before the rise of the NSDAP it was the main nationalist party in Weimar Germany composed of nationalists, reactionary monarchists, völkisch, and antisemitic elements, and...

, for a slim majority.

To free himself from this dependency, Hitler had the cabinet, in its first post-election meeting on March 15, 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
Reichstag (Weimar Republic)
The Reichstag was the parliament of Weimar Republic .German constitution commentators consider only the Reichstag and now the Bundestag the German parliament. Another organ deals with legislation too: in 1867-1918 the Bundesrat, in 1919–1933 the Reichsrat and from 1949 on the Bundesrat...

 and without the need to bargain with their coalition partners.

Preparations and negotiations

The Enabling Act allowed 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 and thus its adoption required a two-thirds majority, with at least two-thirds of deputies attending the session.

The Social Democrats
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...

 (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 Junker
Junker
A Junker was a member of the landed nobility of Prussia and eastern Germany. These families were mostly part of the German Uradel and carried on the colonization and Christianization of the northeastern European territories during the medieval Ostsiedlung. The abbreviation of Junker is Jkr...

s 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
Centre Party (Germany)
The German Centre Party was a Catholic political party in Germany during the Kaiserreich and the Weimar Republic. Formed in 1870, it battled the Kulturkampf which the Prussian government launched to reduce the power of the Catholic Church...

 members' votes, he would get the necessary two-thirds majority. Hitler negotiated with the Centre Party's chairman, Ludwig Kaas
Ludwig Kaas
Ludwig Kaas was a German Roman Catholic priest and politician during the Weimar Republic.-Early career:Born in Trier, Kaas was ordained a priest in 1906 and studied history and Canon law in Trier and Rome. 1906 he completed a doctorate in theology and in 1909 he obtained a second doctorate in...

, a Catholic priest, finalizing an agreement by March 22. 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 SA throughout the proceedings.

Some historians, such as Klaus Scholder
Klaus Scholder
Klaus Scholder was a German ecclesiastical historian, professor of history at the Eberhard Karls University of Tübingen university.-Life:...

, have maintained that Hitler also promised to negotiate a Reichskonkordat
Reichskonkordat
The Reichskonkordat is a treaty that was agreed between the Holy See and Nazi government, that guarantees the rights of the Catholic Church in Germany. It was signed on July 20, 1933 by Secretary of State Eugenio Pacelli and Vice Chancellor Franz von Papen on behalf of Pope Pius XI and President...

 with the Holy See, a treaty that formalised the position of the Catholic Church in Germany on a national level. Kaas was a close associate of Cardinal Pacelli, then Vatican Secretary of State (and later Pope Pius XII
Pope Pius XII
The Venerable Pope Pius XII , born Eugenio Maria Giuseppe Giovanni Pacelli , reigned as Pope, head of the Catholic Church and sovereign of Vatican City State, from 2 March 1939 until his death in 1958....

). Pacelli had been pursuing a German concordat as a key policy for some years but the instability of Weimar governments as well as the enmity of some parties to such a treaty rendered the project moot. The day after the Enabling Act vote, Kaas went to Rome in order to, in his own words, "investigate the possibilities for a comprehensive understanding between church and state". However, so far no evidence for a link between the Enabling Act and the Reichskonkordat signed on July 20, 1933, has surfaced.

Passing of the Enabling Act

Debate within the Centre Party continued until the day of the vote, March 23, 1933, with Kaas advocating voting in favour of the act, referring to an upcoming written guarantee from Hitler, while former Chancellor Heinrich Brüning
Heinrich Brüning
Heinrich Brüning was Chancellor of Germany from 1930 to 1932, during the Weimar Republic. He was the longest serving Chancellor of the Weimar Republic, and remains a controversial figure in German politics....

 called for a rejection of the Act. The majority sided with Kaas, and Brüning agreed to maintain party discipline by voting for the Act.

Meanwhile, the Social Democrats initially planned to hinder the passage of the Act by boycotting the Reichstag
Reichstag (Weimar Republic)
The Reichstag was the parliament of Weimar Republic .German constitution commentators consider only the Reichstag and now the Bundestag the German parliament. Another organ deals with legislation too: in 1867-1918 the Bundesrat, in 1919–1933 the Reichsrat and from 1949 on the Bundesrat...

 session, rendering that body short of the quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...

 (two thirds) needed to vote on a constitutional amendment. The Reichstag, however, led by its President, Hermann Göring
Hermann Göring
Hermann Wilhelm Göring, was a German politician, military leader, and a leading member of the Nazi Party. He was a veteran of World War I as an ace fighter pilot, and a recipient of the coveted Pour le Mérite, also known as "The Blue Max"...

, changed its rules of procedure, allowing the President to declare that any deputy who was "absent without excuse" was to be considered as present, in order to overcome obstructions. Because of this procedural change, the Social Democrats were obliged to attend the session, and committed to voting against the Act.

Later that day, the Reichstag
Reichstag (Weimar Republic)
The Reichstag was the parliament of Weimar Republic .German constitution commentators consider only the Reichstag and now the Bundestag the German parliament. Another organ deals with legislation too: in 1867-1918 the Bundesrat, in 1919–1933 the Reichsrat and from 1949 on the Bundesrat...

 assembled under intimidating circumstances, with SA men
Sturmabteilung
The Sturmabteilung functioned as a paramilitary organization of the National Socialist German Workers' Party . It played a key role in Adolf Hitler's rise to power in the 1920s and 1930s...

 swarming inside and outside the chamber. Hitler's speech, which emphasised the importance of Christianity in German culture, was aimed particularly at appeasing the Centre Party's sensibilities and incorporated Kaas' requested guarantees almost verbatim. Kaas gave a speech, voicing the Centre's support for the bill amid "concerns put aside", while Brüning notably remained silent. Only the Social Democratic
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...

 chairman Otto Wels
Otto Wels
Otto Wels was the chairman of the Social Democratic Party of Germany from 1919 and a member of parliament from 1920 to 1933....

 spoke against the Act. Kaas had still not received the written constitutional guarantees he had negotiated, but with the assurance it was being "typed up", voting began. Kaas never received the letter.

At this stage, the majority of parties already supported the bill, and any deputies who might have been reluctant to vote in favour were intimidated by the SA troops surrounding the meeting. In the end, all parties except the SPD voted in favour of the Enabling Act. With the Communist delegates removed and 26 SPD deputies arrested or in hiding, the final vote was 444 supporting the Enabling Act to 94 (all Social Democrats) opposed. The Reichstag had adopted the Enabling Act with 83% of the deputies. After the Reichsrat had also given its approval, the Act was signed into law.

Consequences

Under the Act, the government had acquired the authority to pass laws without either parliamentary consent or control. Unprecedentedly, these laws could (with certain exceptions) even deviate from the Constitution. The Act effectively eliminated the Reichstag as active players in German politics, though the existence of the body, alongside that of the Reichsrat and of the office of President were protected under the Act (nonetheless, the two latter were abolished in April and August 1934, respectively). Together with the Reichstag Fire Decree
Reichstag Fire Decree
The Reichstag Fire Decree is the common name of the Decree of the Reich President for the Protection of People and State issued by German President Paul von Hindenburg in direct response to the Reichstag fire of 27 February 1933. The decree nullified many of the key civil liberties of German...

, which curtailed basic civil liberties and transferred state powers to the Reich government, the Act transformed Hitler's government into a legal dictatorship.

The Act also effectively removed Presidential oversight, as Hindenburg's representative had stated that the aged president was withdrawing from day-to-day affairs of government and that presidential collaboration on the laws decreed as a result of the Enabling Act would not be required.

During the negotiations between the government and the Centre Party
Centre Party (Germany)
The German Centre Party was a Catholic political party in Germany during the Kaiserreich and the Weimar Republic. Formed in 1870, it battled the Kulturkampf which the Prussian government launched to reduce the power of the Catholic Church...

, it was agreed that the government should inform the Reichstag parties of legislative measures passed under the Enabling Act. For this purpose, a working committee
Committee
A committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...

 was set up, chaired by Hitler and the Centre's chairman Kaas. However, this committee met only three times without any major impact and rapidly became a dead letter. Cabinet meetings were rare after the passage of the Enabling Act, and stopped altogether after 1938.

Though the Act had formally given legislative powers to the government as a whole, these powers were for all intents and purposes exercised by Hitler himself; as Joseph Goebbels wrote shortly after the passage of the Enabling Act:

The authority of the Führer has now been wholly established. Votes are no longer taken. The Führer decides. All this is going much faster than we had dared to hope.


The passage of the Enabling Act reduced the Reichstag to a mere stage for Hitler's speeches. It only met sporadically until the end of World War II, held no debates and enacted only a few laws. Within three months after the passage of the Enabling Act, all parties except the Nazi Party were banned or pressured into dissolving themselves, followed on July 14 by a law that formally made the Nazi Party the only legally permitted party in the country. With this, Hitler had fulfilled what he had promised in earlier campaign speeches: "I set for myself one aim ... to sweep these thirty parties out of Germany!"

Due to the great care that Hitler took to give his dictatorship an appearance of legality, the Enabling Act was renewed twice, in 1937 and 1941. In 1942, the Reichstag passed a law giving Hitler power of life and death over every citizen, effectively extending the provisions of the Enabling Act for the duration of the war.

Ironically, two of the penultimate measures Hitler took to consolidate his power violated the Enabling Act. In February 1934, the Reichsrat, representing the states, was abolished even though the Enabling Act specifically protected the existence of that chamber. A few months later, Hindenburg died, and Hitler seized the president's powers for himself in accordance with a law passed the previous day. However, the Enabling Act specifically forbade Hitler from tampering with the presidency. By this time, however, Hitler had become law unto himself, and no one dared object.
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