Thomas Dehler
Encyclopedia
Thomas Dehler was a German
politician. He was the Federal Republic of Germany's first Minister of Justice (1949–1953) and chairman of Free Democratic Party
(1954–1957).
in Upper Franconia
, Bavaria
. After graduating from grammar school
in 1916, he fought in the World War I
.
After the war, he studied medicine
but soon switched to law
and political science
, which he studied in Munich
, Freiburg and Würzburg
. He passed his state examinations in 1920 and 1923, respectively. In 1920, he attained his doctorate with the dissertation "The statement of grounds in penal verdicts". In remembrance of his studies at Würzburg, he later, in 1948, joined the student corps
"Humanitas" Würzburg as a Alter Herr.
After 1923, he worked as a solicitor
in Munich and, after 1925, in Bamberg
.
In 1925, Dehler had married Irma Frank, a woman of Jewish descent.
German Democratic Party (DDP) and in 1926 was elected district party chairman in Bamberg. In 1924 he was among the founding members of the Reichsbanner Schwarz-Rot-Gold
, a paramilitary group founded in defence of the Weimar Republic
. In 1930, the DDP merged with the Young German Order
into German State Party
, of which Dehler remained a member until its dissolution in 1933.
Dehler grew up in a Roman Catholic family, but in 1927 he joined the masonic lodge
Zur Verbrüderung an der Regnitz
in Bamberg
. After the lodge had been banned under the Nazi regime, Dehler was among its refounders in 1946 and remained a member until his death. In his latter years, Dehler was a vocal opponent of Political Catholicism
.
, pressure from Nazi authorties and professional bodies was put on Dehler to divorce his wife. Dehler however resisted the pressure and stood by his wife and his Jewish clients and even took up cases for opponents of the regime. Subsequently, the Nazi periodical Der Stürmer
dubbed him "a real comrade of the Jews". In 1938, he was arrested because of contacts to resistance circles.
In World War II
, Dehler again joined the army but after a few months was expelled as "unworthy" because of his marriage. In 1944, he was arrested again and sentenced to forced labour for Organisation Todt
. However, he was released from duty after only four weeks.
He also served in the legal system, as district attorney
at the Oberlandesgericht
Bamberg
(1945/47), as chief prosecutor at the court of cassation at the Bavarian ministry for political liberation
(1946/47) and as president of the Oberlandesgericht Bamberg (1947/49).
In 1946, Dehler was one of the founding members of the Free Democratic Party
(FDP) in Bavaria. Dehler was elected party chairman and remained in that office until 1956. In 1948, when FDP organised on a federal level at its founding convention in Heppenheim
, Dehler was elected into the federal board.
In 1946, Dehler was a member of the Constituent Assembly
of Bavaria. From 1946 to 1949 he was a member of the Bavarian parliament.
In 1947/48 he was a member of the Länderrat, a parliamentary body representing the three states in the American zone of occupation. In 1948/49 he was a member of the Parlamentarischer Rat
, in which delegates from the states of the American, British and French zones assembled to draw up a constitution
for a West German federal state
. Dehler was one of three members of the redaction
committee. Though Dehler was not completely satisfied with the result - the Basic Law passed on 23 May 1949 - he supported its ratification and harshly criticised any opposition to its ratification in the Bavarian parliament.
(CSU) and the German Party (DP). CDU chairman Konrad Adenauer
was elected Federal Chancellor, while FDP chairman Theodor Heuss
was elected Federal President. On 20 September, Dehler was one of three FDP politicians to be appointed to Adenauer's cabinet and served as Minister of Justice.
As minister, Dehler was mostly concerned with the establishment of a judicial system within a democratic republic. In this context he attempt to limit the independence of the Constitutional Court
, which resulted in misgivings between him and Hermann Höpker-Aschoff
, a fellow FDP politician and after 1951 the Court's first president.
Dehler was also opposed attempts to reintroduce the death penalty, which the Basic Law had abolished in 1949 for Hitler/Nazi enemies. Such proposals were first voiced by the Bavaria Party
in 1950 and discussed within the CDU/CSU in 1952. In his opposition, Dehler argued not so much against the death penalty itself but in favour of a loyal approach towards the young constitution. His opposition has also been interpreted as an attempt to shield German war criminals, an important constituency to which the FDP appealed by repeatedly demanding the release of all "so-called war criminals" from prison. While Dehler's motives remain unclear, Dehler in 1951 did intervene in proceedings against SS
-Obergruppenführer Werner Best
, resulting in the prosecutors dropping their charges. Best later resurfaced as one of the protagonists of the Naumann affair.
Dehler initially supported Adenauer's western policies - integration into NATO and rapprochement with France
- as a means to gain enough international trust and weight to attain German reunification
. However, as Adenauer's policies progressed, Dehler grew skeptical towards this approach and towards Adenauer's intentions, later accusing the Chancellor of having deceived him. Notable points of disagreement were the Saar
issue, on which Adenauer cautiously tried to avoid conflicts with France, which tried to keep the region as its protectorate, without giving up German claims, and the Stalin Note
s of 1952, which Dehler considered a sincere offer worth exploring further.
of Württemberg-Baden
and others considered the FDP as a strictly liberal
party (including both left-wing liberals and national liberals), others conceived of it as a party of "national gathering" which should appeal more to the right-wing of the political spectrum and integrate it into the democratic system. The chief proponent of this strategy was Friedrich Middelhauve
of North Rhine-Westphalia
.
In this context, Werner Naumann
, formerly an aide to the Nazi regime's propaganda minister
Joseph Goebbels
, and other high-ranking Nazi officials, conspired in an attempt to infiltrate the FDP and gradually turn it into a National-Socialist
force, especially targeting the North Rhine-Westphalia
branch. They were warmly welcomed by Middelhauve, whose cooperation went so far as to present a German programme, a nationalist manifesto penned by the conspirators at the federal party convention in November 1952. However, the draft was rejected in favour of a liberal manifesto, and the conspirators were arrested by British authorities in January 1953. Before the arrests, the British authorities had consulted three high-ranking FDP politicians - Theodor Heuss
as Federal President, Franz Blücher
as Vice-Chancellor
and federal party chairman, and Dehler as Minister of Justice - who had advised them to intervene. Dehler, alongside of Fritz Neumayer
und Alfred Onnen, formed an internal fact-finding committee, which reproached parts of the Northrine-Westphalia branch.
. This move met little opposition by fellow ministers and was supported President Heuss and Höpker-Aschoff, both fellow FDP members.
, respectively. The reasoning behind this move was that the FDP deputies blamed their party's losses in the election on a lack of distinctive profile and now chosing an opponent of Adenauer as their leader. Dehler now combined two central party offices for the first time since 1949. Even though the FDP remained the CDU/CSU's partner in government, the party now vocally addressed disagreements. Notable issues were the Saar issue, which hit its peak in the mid-fifties, and proposed changes to electoral law.
In 1954, Dehler played a vital role in Bavarian politics again, engineering a coalition between his party, the Social Democrats
, the Bavaria Party
and the refugee party BHE
. All parties in the Bavarian parliament except the largest - the Christian Social Union
- combined to elect Social Democrat Wilhelm Hoegner
as prime minister. A major issue for Dehler was the replacing Bavaria's system of denominational elementary schools, which had been restored after the fall of the Nazi regime, with interdenominational institutions. The coalition indeed reformed the training of elementary school teachers but proved unstable. After the CDU/CSU's triumphal victory at the Federal elections of 1957, the coalition fell apart when the BHE and the Bavaria Party withdrew their ministers.
In 1956, Dehler supported a group of young FDP politicians dubbed "Young Turks" - Erich Mende
, Walter Scheel
and others - as they ousted the prime minister of in North Rhine-Westphalia
, Karl Arnold by a vote of no confidence. Arnold had governed as head of a CDU/FDP-coaltion but now the FDP switched their allegiance to elect the Social Democrat Fritz Steinhoff. However, as in its Bavarian counterpart, success was short-lived, as CDU gained an absolute majory in the 1958 state elections and returned to government with Franz Meyers
. The immediate and lasting result of the coup was the resignation of Middlehauve and end to any nationalist strategies.
It was in 1956 as well that Dehler made his decisive move against Adenauer: On 23 September 1956, just a year before the next federal elections, the FDP parliamentary group in the Bundestag decided to leave the coalition with CDU/CSU. However, sixteen deputies, including all four of the party's government ministers refused to accept this move, split from their party and founded the Free People's Party (FVP), which continued to support Adenauer's government.
Dehler had hoped to weaken Adenauer's government and establish his party as a "third force" but the Federal elections of September 1957 resulted in a triumphant victory for CDU and CSU, who won an absolute majority in parliament and henceforth could govern without the support from any other party. After this defeat, Dehler reluctantly resigned as chairman of party and parliamentary group. He was replaced by Reinhold Maier
and Max Becker, respectively.
Though an immediate failure, Dehler's strategy has been credited with enabling the FDP to survive beyond the 1950s, when most smaller parties disappeared from the political scene.
s from the Statute of limitations
, citing basic legal principles. The Bundestag decided in favour of tolling
and eventually, years after Dehler, decided to exempt all kinds of murder
from the statute.
From 1957 to 1961, he chaired both the Bundestag's committee for nuclear energy and water management as well as his party's working committee on foreign policy and defence.
After the death of Max Becker, Dehler was elected vice-president of the Bundestag on 28 September 1960, which he remained until his death. In 1960/61 he was the Bundestag's representative in front of the Constitutional Court
in a case and after 1963 he chaired the Bundestag's committee charged with nominating federal judges.
On 21 July 1967, Thomas Dehler died of a heart attack while swimming at a bath at Streitberg/Upper Franconia.
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...
politician. He was the Federal Republic of Germany's first Minister of Justice (1949–1953) and chairman of Free Democratic Party
Free Democratic Party (Germany)
The Free Democratic Party , abbreviated to FDP, is a centre-right classical liberal political party in Germany. It is led by Philipp Rösler and currently serves as the junior coalition partner to the Union in the German federal government...
(1954–1957).
Early life
Dehler was born in LichtenfelsLichtenfels, Bavaria
Lichtenfels is a town in Bavaria, Germany, capital of the district of Lichtenfels. It is situated on the upper course of the river Main , approx. 15 km southeast of Coburg, and 30 km northeast of Bamberg, in an area called Gottesgarten am Obermain .Lichtenfels became as of middle of the 19...
in Upper Franconia
Upper Franconia
Upper Franconia is a Regierungsbezirk of the state of Bavaria, southern Germany. It forms part of the historically significant region of Franconia , all now part of the German Federal State of Bayern .With more than 200 independent breweries which brew...
, Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
. After graduating from grammar school
Grammar school
A grammar school is one of several different types of school in the history of education in the United Kingdom and some other English-speaking countries, originally a school teaching classical languages but more recently an academically-oriented secondary school.The original purpose of mediaeval...
in 1916, he fought in the World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
.
After the war, he studied medicine
Medicine
Medicine is the science and art of healing. It encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness....
but soon switched to law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
and political science
Political science
Political Science is a social science discipline concerned with the study of the state, government and politics. Aristotle defined it as the study of the state. It deals extensively with the theory and practice of politics, and the analysis of political systems and political behavior...
, which he studied in Munich
Munich
Munich The city's motto is "" . Before 2006, it was "Weltstadt mit Herz" . Its native name, , is derived from the Old High German Munichen, meaning "by the monks' place". The city's name derives from the monks of the Benedictine order who founded the city; hence the monk depicted on the city's coat...
, Freiburg and Würzburg
Würzburg
Würzburg is a city in the region of Franconia which lies in the northern tip of Bavaria, Germany. Located at the Main River, it is the capital of the Regierungsbezirk Lower Franconia. The regional dialect is Franconian....
. He passed his state examinations in 1920 and 1923, respectively. In 1920, he attained his doctorate with the dissertation "The statement of grounds in penal verdicts". In remembrance of his studies at Würzburg, he later, in 1948, joined the student corps
German Student Corps
Corps are the oldest still-existing kind of Studentenverbindung, Germany's traditional university corporations; their roots date back to the 15th century. The oldest corps still existing today was founded in 1789...
"Humanitas" Würzburg as a Alter Herr.
After 1923, he worked as a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
in Munich and, after 1925, in Bamberg
Bamberg
Bamberg is a city in Bavaria, Germany. It is located in Upper Franconia on the river Regnitz, close to its confluence with the river Main. Bamberg is one of the few cities in Germany that was not destroyed by World War II bombings because of a nearby Artillery Factory that prevented planes from...
.
In 1925, Dehler had married Irma Frank, a woman of Jewish descent.
Political and religious affiliations
In 1920, Dehler joined the liberalLiberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
German Democratic Party (DDP) and in 1926 was elected district party chairman in Bamberg. In 1924 he was among the founding members of the Reichsbanner Schwarz-Rot-Gold
Reichsbanner Schwarz-Rot-Gold
The Reichsbanner Schwarz-Rot-Gold was a Social Democratic paramilitary force formed during the Weimar Republic in 1924....
, a paramilitary group founded in defence of the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
. In 1930, the DDP merged with the Young German Order
Young German Order
The Young German Order was a large para-military organisation in Weimar Germany. Its name and symbol were inspired by the Teutonic Knights ....
into German State Party
German State Party
The German State Party was a short-lived German political party of the Weimar Republic, formed by the merger of the German Democratic Party with the People's National Reich Association in July 1930...
, of which Dehler remained a member until its dissolution in 1933.
Dehler grew up in a Roman Catholic family, but in 1927 he joined the masonic lodge
Masonic Lodge
This article is about the Masonic term for a membership group. For buildings named Masonic Lodge, see Masonic Lodge A Masonic Lodge, often termed a Private Lodge or Constituent Lodge, is the basic organisation of Freemasonry...
Zur Verbrüderung an der Regnitz
Regnitz
The Regnitz is a river in Bavaria, Germany. It is a left tributary of the Main and is in length.The river is formed by the confluence of the rivers Rednitz and Pegnitz, which meet in the city of Fürth. From there the Regnitz runs northwards through the cities of Erlangen and Forchheim...
in Bamberg
Bamberg
Bamberg is a city in Bavaria, Germany. It is located in Upper Franconia on the river Regnitz, close to its confluence with the river Main. Bamberg is one of the few cities in Germany that was not destroyed by World War II bombings because of a nearby Artillery Factory that prevented planes from...
. After the lodge had been banned under the Nazi regime, Dehler was among its refounders in 1946 and remained a member until his death. In his latter years, Dehler was a vocal opponent of Political Catholicism
Political Catholicism
Political catholicism is a political and cultural conception which promotes the ideas and social teaching of the Catholic Church in public life...
.
Nazi regime
After the advent of the Nazi regime, and especially after the passing of the Nuremberg LawsNuremberg Laws
The Nuremberg Laws of 1935 were antisemitic laws in Nazi Germany introduced at the annual Nuremberg Rally of the Nazi Party. After the takeover of power in 1933 by Hitler, Nazism became an official ideology incorporating scientific racism and antisemitism...
, pressure from Nazi authorties and professional bodies was put on Dehler to divorce his wife. Dehler however resisted the pressure and stood by his wife and his Jewish clients and even took up cases for opponents of the regime. Subsequently, the Nazi periodical Der Stürmer
Der Stürmer
Der Stürmer was a weekly tabloid-format Nazi newspaper published by Julius Streicher from 1923 to the end of World War II in 1945, with brief suspensions in publication due to legal difficulties. It was a significant part of the Nazi propaganda machinery and was vehemently anti-Semitic...
dubbed him "a real comrade of the Jews". In 1938, he was arrested because of contacts to resistance circles.
In World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, Dehler again joined the army but after a few months was expelled as "unworthy" because of his marriage. In 1944, he was arrested again and sentenced to forced labour for Organisation Todt
Organisation Todt
The Todt Organisation, was a Third Reich civil and military engineering group in Germany named after its founder, Fritz Todt, an engineer and senior Nazi figure...
. However, he was released from duty after only four weeks.
Post-war period
At the conclusion of the war, Bavaria was occupied by American troops. In June 1945, the new military government appointed Dehler Landrat of the district of Bamberg, which he remained until 1946.He also served in the legal system, as district attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
at the Oberlandesgericht
Oberlandesgericht
The Oberlandesgericht is one of the 'ordinary courts' in Germany...
Bamberg
Bamberg
Bamberg is a city in Bavaria, Germany. It is located in Upper Franconia on the river Regnitz, close to its confluence with the river Main. Bamberg is one of the few cities in Germany that was not destroyed by World War II bombings because of a nearby Artillery Factory that prevented planes from...
(1945/47), as chief prosecutor at the court of cassation at the Bavarian ministry for political liberation
Denazification
Denazification was an Allied initiative to rid German and Austrian society, culture, press, economy, judiciary, and politics of any remnants of the National Socialist ideology. It was carried out specifically by removing those involved from positions of influence and by disbanding or rendering...
(1946/47) and as president of the Oberlandesgericht Bamberg (1947/49).
In 1946, Dehler was one of the founding members of the Free Democratic Party
Free Democratic Party (Germany)
The Free Democratic Party , abbreviated to FDP, is a centre-right classical liberal political party in Germany. It is led by Philipp Rösler and currently serves as the junior coalition partner to the Union in the German federal government...
(FDP) in Bavaria. Dehler was elected party chairman and remained in that office until 1956. In 1948, when FDP organised on a federal level at its founding convention in Heppenheim
Heppenheim
Heppenheim is the seat of Bergstraße district in Hesse, Germany, lying on the Bergstraße on the edge of the Odenwald.- Location :...
, Dehler was elected into the federal board.
In 1946, Dehler was a member of the Constituent Assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
of Bavaria. From 1946 to 1949 he was a member of the Bavarian parliament.
In 1947/48 he was a member of the Länderrat, a parliamentary body representing the three states in the American zone of occupation. In 1948/49 he was a member of the Parlamentarischer Rat
Parlamentarischer Rat
The Parlamentarischer Rat was the West German constitutional convention that created the current constitution of the Federal Republic of Germany...
, in which delegates from the states of the American, British and French zones assembled to draw up a constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
for a West German federal state
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
. Dehler was one of three members of the redaction
Redaction
Redaction is a form of editing in which multiple source texts are combined and subjected to minor alteration to make them into a single work. Often this is a method of collecting a series of writings on a similar theme and creating a definitive and coherent work...
committee. Though Dehler was not completely satisfied with the result - the Basic Law passed on 23 May 1949 - he supported its ratification and harshly criticised any opposition to its ratification in the Bavarian parliament.
Federal Minister of Justice
In the Federal elections held in August 1949, Dehler was elected into the Bundestag, the new federal parliament. The FDP party formed a coalition with the Christian Democratic Union (CDU), the Christian Social UnionChristian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
(CSU) and the German Party (DP). CDU chairman Konrad Adenauer
Konrad Adenauer
Konrad Hermann Joseph Adenauer was a German statesman. He was the chancellor of the West Germany from 1949 to 1963. He is widely recognised as a person who led his country from the ruins of World War II to a powerful and prosperous nation that had forged close relations with old enemies France,...
was elected Federal Chancellor, while FDP chairman Theodor Heuss
Theodor Heuss
Theodor Heuss was a liberal German politician who served as the first President of the Federal Republic of Germany after World War II from 1949 to 1959...
was elected Federal President. On 20 September, Dehler was one of three FDP politicians to be appointed to Adenauer's cabinet and served as Minister of Justice.
As minister, Dehler was mostly concerned with the establishment of a judicial system within a democratic republic. In this context he attempt to limit the independence of the Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
, which resulted in misgivings between him and Hermann Höpker-Aschoff
Hermann Höpker-Aschoff
Hermann Höpker-Aschoff was a German politician and jurist. He was the first President of the Federal Constitutional Court of Germany....
, a fellow FDP politician and after 1951 the Court's first president.
Dehler was also opposed attempts to reintroduce the death penalty, which the Basic Law had abolished in 1949 for Hitler/Nazi enemies. Such proposals were first voiced by the Bavaria Party
Bavaria Party
The Bavaria Party is a separatist political party in the state of Bavaria in southern Germany. It was founded in 1946 and describes itself as patriotic Bavarian, advocating Bavarian independence within the European Union...
in 1950 and discussed within the CDU/CSU in 1952. In his opposition, Dehler argued not so much against the death penalty itself but in favour of a loyal approach towards the young constitution. His opposition has also been interpreted as an attempt to shield German war criminals, an important constituency to which the FDP appealed by repeatedly demanding the release of all "so-called war criminals" from prison. While Dehler's motives remain unclear, Dehler in 1951 did intervene in proceedings against SS
Schutzstaffel
The Schutzstaffel |Sig runes]]) was a major paramilitary organization under Adolf Hitler and the Nazi Party. Built upon the Nazi ideology, the SS under Heinrich Himmler's command was responsible for many of the crimes against humanity during World War II...
-Obergruppenführer Werner Best
Werner Best
Dr. Werner Best was a German Nazi, jurist, police chief, SS-Obergruppenführer and Nazi Party leader from Darmstadt, Hesse. He studied law and in 1927 obtained his doctorate degree at Heidelberg...
, resulting in the prosecutors dropping their charges. Best later resurfaced as one of the protagonists of the Naumann affair.
Dehler initially supported Adenauer's western policies - integration into NATO and rapprochement with France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
- as a means to gain enough international trust and weight to attain German reunification
German reunification
German reunification was the process in 1990 in which the German Democratic Republic joined the Federal Republic of Germany , and when Berlin reunited into a single city, as provided by its then Grundgesetz constitution Article 23. The start of this process is commonly referred by Germans as die...
. However, as Adenauer's policies progressed, Dehler grew skeptical towards this approach and towards Adenauer's intentions, later accusing the Chancellor of having deceived him. Notable points of disagreement were the Saar
Saar (protectorate)
The Saar Protectorate was a German borderland territory twice temporarily made a protectorate state. Since rejoining Germany the second time in 1957, it is the smallest Federal German Area State , the Saarland, not counting the city-states Berlin, Hamburg and Bremen...
issue, on which Adenauer cautiously tried to avoid conflicts with France, which tried to keep the region as its protectorate, without giving up German claims, and the Stalin Note
Stalin Note
The Stalin Note, also known as the March Note, was a document delivered to the representatives of the Western allied powers from the Soviet Occupation in Germany on March 10, 1952...
s of 1952, which Dehler considered a sincere offer worth exploring further.
Internal party politics and the Naumann affair
In the early 1950s, the FDP was divided between different ideologies and strategies. While the "determined liberals", which included Dehler, Reinhold MaierReinhold Maier
Reinhold Maier was a German politician and the leader of the FDP from 1957–1960.Maier was born in Schorndorf. In the Weimar Republic Maier was a member of the German Democratic Party...
of Württemberg-Baden
Württemberg-Baden
Württemberg-Baden is a former state of Federal Republic of Germany. It was created in 1945 by the U.S. occupation forces, after the previous states of Baden and Württemberg had been split up between the US and French occupation zones. Its capital was Stuttgart...
and others considered the FDP as a strictly liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
party (including both left-wing liberals and national liberals), others conceived of it as a party of "national gathering" which should appeal more to the right-wing of the political spectrum and integrate it into the democratic system. The chief proponent of this strategy was Friedrich Middelhauve
Friedrich Middelhauve
Friedrich Middelhauve was a German publisher and politician of the Free Democratic Party...
of North Rhine-Westphalia
North Rhine-Westphalia
North Rhine-Westphalia is the most populous state of Germany, with four of the country's ten largest cities. The state was formed in 1946 as a merger of the northern Rhineland and Westphalia, both formerly part of Prussia. Its capital is Düsseldorf. The state is currently run by a coalition of the...
.
In this context, Werner Naumann
Werner Naumann
Werner Naumann was a State Secretary in Joseph Goebbels' Propagandaministerium during the Third Reich. He was appointed head of the Propaganda Ministry by Führer Adolf Hitler in his political testament after Dr. Goebbels was promoted to Reichskanzler.-Early life and political career:Naumann was...
, formerly an aide to the Nazi regime's propaganda minister
Ministry of Public Enlightenment and Propaganda
The Reich Ministry of Public Enlightenment and Propaganda was Nazi Germany's ministry that enforced Nazi Party ideology in Germany and regulated its culture and society. Founded on March 13, 1933, by Adolf Hitler's new National Socialist government, the Ministry was headed by Dr...
Joseph Goebbels
Joseph Goebbels
Paul Joseph Goebbels was a German politician and Reich Minister of Propaganda in Nazi Germany from 1933 to 1945. As one of Adolf Hitler's closest associates and most devout followers, he was known for his zealous oratory and anti-Semitism...
, and other high-ranking Nazi officials, conspired in an attempt to infiltrate the FDP and gradually turn it into a National-Socialist
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
force, especially targeting the North Rhine-Westphalia
North Rhine-Westphalia
North Rhine-Westphalia is the most populous state of Germany, with four of the country's ten largest cities. The state was formed in 1946 as a merger of the northern Rhineland and Westphalia, both formerly part of Prussia. Its capital is Düsseldorf. The state is currently run by a coalition of the...
branch. They were warmly welcomed by Middelhauve, whose cooperation went so far as to present a German programme, a nationalist manifesto penned by the conspirators at the federal party convention in November 1952. However, the draft was rejected in favour of a liberal manifesto, and the conspirators were arrested by British authorities in January 1953. Before the arrests, the British authorities had consulted three high-ranking FDP politicians - Theodor Heuss
Theodor Heuss
Theodor Heuss was a liberal German politician who served as the first President of the Federal Republic of Germany after World War II from 1949 to 1959...
as Federal President, Franz Blücher
Franz Blücher
Franz Blücher was a German politician and member of the German Parliament .Blücher was born in Essen, Rhine Province, German Empire....
as Vice-Chancellor
Vice-Chancellor of Germany
The Vice-Chancellor of Germany is, according to protocol, the second highest position in the Cabinet of GermanyIn case of the Chancellor's absence, the vice-chancellor acts in his or her place, for instance by heading cabinet meetings...
and federal party chairman, and Dehler as Minister of Justice - who had advised them to intervene. Dehler, alongside of Fritz Neumayer
Fritz Neumayer
Fritz Neumayer was a German politician. He was Federal Minister of Building from 1952 to 1953, and Federal Minister of Justice from 1953 to 1956.-Early life:...
und Alfred Onnen, formed an internal fact-finding committee, which reproached parts of the Northrine-Westphalia branch.
Dismissal as minister
The Federal elections of September 1953 resulted in large gains for CDU/CSU, while its coalition partners sustained slight losses. Adenauer missed an absolute majority by only one seat but to ensure a solid majority for his policy of Western integration and rearmament, all coalition partners were retained. However, because of the Minister of Justice's increasing differences with the Chancellor and because of "a serious breach of confidentiality" in the context of the Naumann affair, Dehler was replaced by Fritz NeumayerFritz Neumayer
Fritz Neumayer was a German politician. He was Federal Minister of Building from 1952 to 1953, and Federal Minister of Justice from 1953 to 1956.-Early life:...
. This move met little opposition by fellow ministers and was supported President Heuss and Höpker-Aschoff, both fellow FDP members.
Party leader
Immediately after his departure from government, Dehler was elected chairman of FDP's parliamentary group and of the federal party, replacing Hermann Schäfer and Vice-Chancellor Franz BlücherFranz Blücher
Franz Blücher was a German politician and member of the German Parliament .Blücher was born in Essen, Rhine Province, German Empire....
, respectively. The reasoning behind this move was that the FDP deputies blamed their party's losses in the election on a lack of distinctive profile and now chosing an opponent of Adenauer as their leader. Dehler now combined two central party offices for the first time since 1949. Even though the FDP remained the CDU/CSU's partner in government, the party now vocally addressed disagreements. Notable issues were the Saar issue, which hit its peak in the mid-fifties, and proposed changes to electoral law.
In 1954, Dehler played a vital role in Bavarian politics again, engineering a coalition between his party, the Social Democrats
Social Democratic Party of Germany
The Social Democratic Party of Germany is a social-democratic political party in Germany...
, the Bavaria Party
Bavaria Party
The Bavaria Party is a separatist political party in the state of Bavaria in southern Germany. It was founded in 1946 and describes itself as patriotic Bavarian, advocating Bavarian independence within the European Union...
and the refugee party BHE
All-German Bloc/League of Expellees and Deprived of Rights
The All-German Bloc/League of Expellees and Deprived of Rights was a right-wing political party in West Germany, which acted as an advocacy group of the Germans fled and expelled in and after World War II.-History:...
. All parties in the Bavarian parliament except the largest - the Christian Social Union
Christian Social Union of Bavaria
The Christian Social Union in Bavaria is a Christian democratic and conservative political party in Germany. It operates only in the state of Bavaria, while its sister party, the Christian Democratic Union , operates in the other 15 states of Germany...
- combined to elect Social Democrat Wilhelm Hoegner
Wilhelm Hoegner
Wilhelm Hoegner was the second Bavarian prime minister after World War II and father of the Bavarian constitution. He has been the only Social Democrat to hold this office....
as prime minister. A major issue for Dehler was the replacing Bavaria's system of denominational elementary schools, which had been restored after the fall of the Nazi regime, with interdenominational institutions. The coalition indeed reformed the training of elementary school teachers but proved unstable. After the CDU/CSU's triumphal victory at the Federal elections of 1957, the coalition fell apart when the BHE and the Bavaria Party withdrew their ministers.
In 1956, Dehler supported a group of young FDP politicians dubbed "Young Turks" - Erich Mende
Erich Mende
Dr. Erich Mende was a German politician of the FDP and CDU. He was the leader of FDP 1960 - 1968.-Early life:Mende was born in Gross-Strehlitz, Upper Silesia,...
, Walter Scheel
Walter Scheel
Walter Scheel is a German politician . He served as Federal Minister of Economic Cooperation and Development from 1961 to 1966, Foreign Minister of Germany and Vice Chancellor from 1969 to 1974, acting Chancellor of Germany from 7 May to 16 May 1974 , and finally as President of the Federal...
and others - as they ousted the prime minister of in North Rhine-Westphalia
North Rhine-Westphalia
North Rhine-Westphalia is the most populous state of Germany, with four of the country's ten largest cities. The state was formed in 1946 as a merger of the northern Rhineland and Westphalia, both formerly part of Prussia. Its capital is Düsseldorf. The state is currently run by a coalition of the...
, Karl Arnold by a vote of no confidence. Arnold had governed as head of a CDU/FDP-coaltion but now the FDP switched their allegiance to elect the Social Democrat Fritz Steinhoff. However, as in its Bavarian counterpart, success was short-lived, as CDU gained an absolute majory in the 1958 state elections and returned to government with Franz Meyers
Franz Meyers
Franz Meyers was a German politician and Minister-President of North Rhine-Westphalia . He was born and died in Mönchengladbach.- External links :...
. The immediate and lasting result of the coup was the resignation of Middlehauve and end to any nationalist strategies.
It was in 1956 as well that Dehler made his decisive move against Adenauer: On 23 September 1956, just a year before the next federal elections, the FDP parliamentary group in the Bundestag decided to leave the coalition with CDU/CSU. However, sixteen deputies, including all four of the party's government ministers refused to accept this move, split from their party and founded the Free People's Party (FVP), which continued to support Adenauer's government.
Dehler had hoped to weaken Adenauer's government and establish his party as a "third force" but the Federal elections of September 1957 resulted in a triumphant victory for CDU and CSU, who won an absolute majority in parliament and henceforth could govern without the support from any other party. After this defeat, Dehler reluctantly resigned as chairman of party and parliamentary group. He was replaced by Reinhold Maier
Reinhold Maier
Reinhold Maier was a German politician and the leader of the FDP from 1957–1960.Maier was born in Schorndorf. In the Weimar Republic Maier was a member of the German Democratic Party...
and Max Becker, respectively.
Though an immediate failure, Dehler's strategy has been credited with enabling the FDP to survive beyond the 1950s, when most smaller parties disappeared from the political scene.
Latter years
Dehler remained a member of parliament until his death and also remained a vocal critic of Adenauer, especially in the field of German policy, in which he called for renewed attempts to seek reunification via the Soviet Union. He also frequently participated in debates regarding legal issues. He was a unyielding opponent of attempts to exempt Nazi crimeNazi crime
Nazi crime or Hitlerite crime is a legal concept used in some legal systems .In the Polish legal system a Nazi crime is an action carried out by, inspired by or tolerated by public functionaries of the Third Reich that also classifies as a crime against humanity or other persecutions of people...
s from the Statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
, citing basic legal principles. The Bundestag decided in favour of tolling
Tolling (law)
Tolling is a legal doctrine which allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations. Certain traditional conditions will toll a statute of limitations:* Plaintiff is a minor....
and eventually, years after Dehler, decided to exempt all kinds of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
from the statute.
From 1957 to 1961, he chaired both the Bundestag's committee for nuclear energy and water management as well as his party's working committee on foreign policy and defence.
After the death of Max Becker, Dehler was elected vice-president of the Bundestag on 28 September 1960, which he remained until his death. In 1960/61 he was the Bundestag's representative in front of the Constitutional Court
Federal Constitutional Court of Germany
The Federal Constitutional Court is a special court established by the Grundgesetz, the German basic law...
in a case and after 1963 he chaired the Bundestag's committee charged with nominating federal judges.
On 21 July 1967, Thomas Dehler died of a heart attack while swimming at a bath at Streitberg/Upper Franconia.
Legacy
In 1993, the federal FDP honoured Dehler's memory by naming their headquarters in Bonn Thomas-Dehler-Haus. When government moved to Berlin in 1999, the FDP new headquarters were also named in Dehler's honour. The Thomas-Dehler-Stiftung, a foundation affiliated with the Bavarian FDP, is also named in his honour.Works
- Die Begründung des Strafurteils, Dissertation, Würzburg 1920.
- Die Rechtsentwicklung in der Sowjetischen Besatzungszone, Bundesverband der Deutschen Industrie, Köln 1952.
- "Das Parlament im Wandel der Staatsidee", in: Macht und Ohnmacht der Parlamente, Stuttgart, 1965, S. 9ff.
- Lob auf Franken: Ein Bekenntnis, Glock u. Lutz, Nürnberg 1967
- "Parlament und Presse", in: Zeitungsverlag und Zeitschriften-Verlag Heft 43/44 (1965), S. 1990f.
- Reden und Aufsätze (postum), Westdeutscher Verlag, 1969.