The Enabling Act: In The Days Before The Elections
The Act of March 24, 1933 aimed at relieving the distress of the people of the state (Gesetz zur der Not von Volk Behebung Reich und vom 24
. Mars 1933), Loi dhabilitation or Enabling Act, is a German law adopted March 24, 1933 and that gave Adolf Hitler the legal right to rule by decree, that is to say, to enact laws without consulting the Reichstag.
The Enabling Act was filed March 23 in the Reichstag, whose sessions were underway at the Kroll Opera House following the burning of the Reichstag at the behest of Adolf Hitler. " The government coalition (NSDAP (288 seats) and DNVP) (52 seats) had a large majority with 53 of seats (340), but it needed a two thirds majority (66 or 430 votes) to change and the Constitution. He then missed 13 or 90 votes. A quorum was reached with the votes of the Zentrum (72 votes), the BVP (19 votes) and small parties (14 votes to six parties) at a session in the presence of SA, SS and Stahlhelm in arms keeping all the doors and surrounding the building. Only the 94 Social Democrats voted against. The 81 members of the KPD and SPD 26 of 120 deputies were not present during the vote, had been forced into hiding or were interned.
The law was enacted for a period of four years renewable. Following the Reichstagsbrandverordnung this law, removing the separation of powers, was the second stage of the Gleichschaltung leading to the establishment of a totalitarian system.
The Enabling Act was intended to allow the Nazis to rule without an absolute majority in the Reichstag and without having to negotiate with alliance partners. As a law which amended the statutory provisions described in the Constitution but not a constitutional amendment, it needed a two thirds majority to be passed. The Social Democratic Party (SPD) and the Communist Party (KPD) would have voted against what might happen, but the parties of the middle class, the Junkers, the landed aristocracy and industrialists, they were tired of continued instability of the Weimar Republic. Hitler thought that these parties would vote for extraordinary measures that would end the parliamentary system, or at best, they had not opposed a principled resistance.
Shortly after being appointed chancellor of Germany, 30 January 1933, Hitler withdrew from the coalition built with centrist parties and asked the Hindenburg election for March 5. The campaign that followed was one of the first examples of use and modern mass media for elections. The Reich Minister of Propaganda, Joseph Goebbels, wrote :
From now on, it will be easy to beat us, because we can count on all the resources of the state. Radio and press are at our disposal. We will develop a master-work people propaganda.
In the days before the elections, the Nazis organized violence in the streets to intimidate the opposition and instill fear of communism. The Reichstag fire, six days before, became the central element of the campaign. A frantic Holland, former member of the ultra-left Dutch, had been arrested in the building and served as a pretext to introduce fire as a communist plot. Using the "communist threat", Hitler persuaded President Hindenburg to enact emergency powers by the Reichstagsbrandverordnung, which suppressed the freedoms and habeas corpus. With this decree, the members of the KPD were chased, thus eliminating one of the main opposition in the Reichstag.
Despite five million additional votes (NSDAP gets 43.9 of votes) and even by adding 52 seats to the Nationalist Party DNVP their coalition, the Nazis had only a slight majority on March 5, insufficient to to be endorsed by members of Enabling Act which required the adoption of a majority of two thirds.
At the first cabinet meeting after the elections, March 15, the first item on the agenda was the plan to get the full power constitutionally. Hitler decided on an "Enabling Act" which would give the government the legislative authority for four years. The Reichstagsbrandverordnung had already led to the arrest of opposition members, and Hitler was confident in his ability to convince the Catholic Zentrum party to lend his voice and thus achieve the two-thirds majority .
Hitler negotiated with the president of the centrist party, the Catholic priest Ludwig Kaas, reaching an agreement on March 22. Kaas agreed to support the law monetizing the recognition of civil rights of Catholics and the introduction of quotas for officials and Catholic schools, and their protection. He also asked the maintenance of fundamental freedoms. The debates within the centrist party continued until March 23, the former Chancellor Heinrich Braning denouncing the Enabling Act as an unfair law, the worst case, and asking the Reichstag to give up the deliberations what people calmed down. Kaas persisted in saying that written guarantees are provided by Hitler. With experience of Hitler, Braning warned Kaas well receive his written guarantees before the vote, but finally agreed to maintain voting discipline and the law approved.
by: Laura Steinfield
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