CI411 History Rewind
Enabling Act of 1933
The "Enabling Act" refers to legislation that the German Parliament (Reichstag) passed on March 23, 1933, granting the German Cabinet, headed by Chancellor Adolf Hitler, the authority to create and enact laws. The official name of this act was the "Law to Remedy the Distress of the People and Reich." Its provisions allowed the German chancellor to implement laws without the need for involvement or consent from the Reichstag. The legislation permitted these laws to separate from the constitution. The act resulted in giving near-absolute power to Hitler, establishing him as the dictator of Germany.
“The Reichstag has passed the following law, which is, with the approval of the Reichsrat, herewith promulgated, after it has been established that it satisfies the requirements for legislation altering the Constitution.”
Article 1: In addition to the procedure for the passage of legislation outlined in the Constitution, the Reich Cabinet is also authorized to enact Laws. This applies equally to the laws referred to in Article 85, paragraph 2, and Article 87 of the Constitution.
Article 2: The national laws enacted by the Reich Cabinet may deviate from the Constitution provided they do not affect the position of the Reichstag and the Reichsrat. The powers of the President remain unaffected.
Article 3: The national laws enacted by the Reich Cabinet shall be prepared by the Chancellor and published in the official gazette. They come into effect, unless otherwise specified, upon the day following their publication. Articles 68–77 of the Constitution do not apply to the laws enacted by the Reich Cabinet.
Article 4: Treaties of the Reich with foreign states which concern matters of domestic legislation do not require the consent of the bodies participating in legislation. The Reich Cabinet is empowered to issue the necessary provisions for the implementing of these treaties.
Article 5: This law comes into effect on the day of its publication. It ceases to be valid on 1 April 1937: it also ceases to be valid if the present Reich Cabinet is replaced by another.
The context surrounding the enactment of the law traces back to the political agenda of the Nazi Party from its inception. The Nazis consistently opposed the framework of liberal democracy and were especially critical of the political parties in Germany. Consequently, a key aim of the Nazis was to abolish party politics and create an authoritarian regime.
Following an extended period of economic and political turmoil the president of Germany's Weimar Republic, appointed Hitler as chancellor in 1933. However, the constitution's laws limited Hitler's attempts to fully implement the Nazi agenda; it gave the Reichstag the authority to propose and pass legislation, while also granting the president the executive power to provide the final approval to transform a resolution into formal law.
A month after Hitler became chancellor, the Reichstag building was set on fire. This allowed Hitler to target the German Communist Party, invade and ransack the party's offices, and detain its leaders. With the suspension of habeas corpus, stipulated by decree, Hitler had the authority to imprison individuals at his discretion and without a trial.
Hitler took further steps to secure absolute power for himself permanently led him to pursue a legislative act to accomplish this. This effectively meant that the Reichstag would be voting to give up its own authority and role in governing. For this law to be enacted, the existing constitution requured a two-thirds majority. Hitler was confident he could rely on the Nazi deputies in parliament and some allied parties and he was also aware that most of his adversaries had all been banned or imprisoned.
On the day the law was to be voted on, Hitler presented the resolution and in his speech and underscored the role of the Church in German society and safeguarding its rites. This served as his commitments to the Catholic Centre Party to secure their votes. It was effective with the majority of deputies supporting it, with only the Social Democrats opposing. The Reichstag was now compelled to convene and it was filled with Nazi SA members; "Storm Troopers," to create an atmosphere of intimidation.
With the bill's approval, Hitler rose to become the leader of the German Reich wielding dictatorial authority, and the Reichstag became irrelevant. Hitler used this power to abolish all other political parties and established a single-party state. The Reichstag transformed into a “Party Congress,” where Hitler delivered speeches and the members cheered in approval, but under Nazi rule, the Reichstag ceased to operate as a legitimate legislative body.