THE ENABLING ACT

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THE ENABLING ACT

• HITLER TAKES COMMAND

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• The Reich President could bypass the Reichstag
  and pass laws using Article 48 of the Weimar
  Constitution.

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• However, Hitler was not Reich President, he was
  only Chancellor, therefore he had to rely on the
  continuing good will of Hindenburg. For the Nazi
  leader this was not enough and he set about
  trying to ensure that he would be able to control
  the country himself.

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• The Enabling Law allowed Hitler to bypass the
  normal constitutional procedure of the Reichstag
  and the Weimar constitution.
• What did it say?

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ENABLING ACT

• Article One
• In addition to decisions made by the Reichstag
  laws of the Reich may also be enacted by the
  government of the Reich.

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• Article Two
• Laws enacted by the government of the Reich
  may deviate from the constitution as long as they
  do not affect the Reichstag and the Reichsrat.
  The rights of the President remain undisturbed.

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• Article Three
• Laws enacted by the government of the 'Reich'
  shall be issued by the Chancellor and announced
  in the Reich Law Gazette.

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• Article Four
• Reich treaties with foreign states which affect
  matters of Reich legislation shall not require
  the approval of the bodies concerned with
  legislation.

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• Article Five
• This law takes effect with the day of its
  proclamation.

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CONSEQUENCES

• Shirer - a modern historian writing in 1959
  comments as follows the act, in five brief
  paragraphs took the power of legislation,
  including control of the Reich budget, approval
  of the treaties with foreign states and the
  initiating of constitutional amendments, away
  from Parliament and handed it over to the Reich
  cabinet for a period of four years.

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CONSEQUENCES

• Moreover, the act stipulated that the laws
  enacted by the Cabinet were to be drafted by the
  Chancellor and might deviate from the
  constitution.

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• HOW DID HITLERACHIEVE THE PASSING OF THE
  ENABLING ACT?

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• The main problem with attempting to pass the
  bill was that any changes to the Weimar
  Constitution required a two-thirds majority in
  the Reichstag. Even with the support of the DNVP
  the Nazis could still only command 51 of the
  votes.

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• Hitler still needed the support of the Zentrum,
  in order to gain the requisite numbers. At the
  end of his speech Hitler attempted to allay the
  fears of any of the Zentrum by stating that the
  rights of the churches would not be touched.

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• Issues such as a fear of communism, theological
  anti-Semitism and anti-feminism, brought the
  Nazis the support of the Zentrum.

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KROLL OPERA HOUSE
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• Also, the Kroll Opera House (the Reichstag had
  moved there since the fire) was surrounded by
  armed SA and SS men, who hounded the SPD
  delegates and obviously scared the Zentrum
  members.

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• The chamber was decked out in swastikas and
  other Nazi symbols it was an atmosphere of
  intimidation and inspired fear and awe.

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• The end of Hitlers speech contained an implicit
  threat of what would happen if the law did not
  pass. The Government offers to the parties of
  the Reichstag the opportunity for friendly
  cooperation. But it is equally prepared to go
  ahead in face of their refusal and of the
  hostilities, which will result from that refusal.
  It is for you, gentlemen of the Reichstag, to
  decide between war and peace.

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• The bill was passed by 444 votes to the 94 of
  the SPD.