dtufail/nuremberg-trials-corpus huggingface dataset:
(6) Danzig (1939, Reichsgesetzblatt, Part I, page 1547). (7) Incorporated Poland (1939, Reichsgesetzblatt, Part I, page 2042). (8) Occupied Poland (1939, Reichsgesetzblatt, Part I, page 2077). (9) Eupen, Malmedy and Moresnet (1940, Reichsgesetzblatt, Part I, page 803). (10) Norway (1941, Reichsgesetzblatt, Part I, page 765).
Such were the powers and functions of the ordinary cabinet.
(2) The Secret Cabinet Council. Of the other two subdivisions of the Reichsregierung-the Secret Cabinet Council and the Ministerial Council-the Secret Cabinet Council had no legislative or administrative powers. It was created by Hitler on 4 February 1938
"To advise me in conducting the foreign policy * * *." (2031-PS)
Its position in the Nazi regime is described by Ernst Rudolf Huber, a leading Nazi Constitutional Lawyer, in his book entitled "Verfassungsrecht des Grossdeutschen Reiches" ("Constitutional Law of the Greater German Reich"). In this book, which was an authoritative, widely used work on Nazi Constitutional Law, Huber States (1774-PS):
"A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBl. I, 112). This privy cabinet council is under the direction of Reich Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich Chancellery, the Commanders-in-Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs." (1774-PS)
of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs." (1774-PS)
(3) The Council of Ministers for the Defense of the Reich. The powers concentrated in the Ministerial Council, which did possess legislative and administrative functions, at its creation in 1939, are best expressed by the lecture which Frick gave before the University of Freiburg on 7 March 1940. The lecture, published in a pamphlet entitled "The Administration in Wartime," contains these statements (2608-PS):
"* * * The composition of the Ministerial Council for the defense of the Reich shows the real concentration of power in it. General Field Marshal Goering is the chairman and also the Supreme Director of the War Economy and Commissioner for the Four Year Plan. He is joined by the Plenipotentiary General for the Reich Administration, who directs the entire civilian administration with the exception of the economic administration, and the Plenipotentiary General for Economy. The Chief of the High Command of the Armed Forces is the liaison man to the Armed Forces. It is primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich."
the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich."
"The Ministerial Council for the Defense of the Reich, the highest legislative and executive organ in wartime next to the Fuehrer, created a subordinate organ for the purpose of the defense of the Reich: the Commissioners for the Reich Defense, who have their headquarters at the seat of the individual corps area." (2608-PS)
With such power concentrated in the Reichsregierung and to such a high degree, the Nazi conspirators possessed a formidable weapon to effectuate their plans.
D. Acts and Decrees of the Reichsregierung.
Under the Nazi regime the Reichsregierung became the instrument of the Nazi party.
(1) Execution of the Nazi Party Program. In the original Cabinet of 30 January 1933 only three cabinet members were members of the Party-Goering, Frick, and Hitler. As new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On 30 January, 1937, Hitler accepted into the Party those Cabinet members who were not already members. This action is reported in the Voelkischer Beobachter, South German Edition, of 1 February 1937 (2964-PS):
"In view of the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of the members of the Cabinet, who so far had not belonged to it and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.
the supreme badge of honor of the party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner.
"The Fuehrer also honored with the gold party badge the party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Koerner and State Secretary General of the Airforce Milch." (2964-PS)
It was possible to refuse the party membership thus conferred. Only one man, von Eliz-Rubenach, who was the Minister of Post and Minister of Transport at the time, did this. His letter from von Eltz-Rubenach to Hitler, dated 30 January 1937, reads as follows (1584-PS):
"My Fuehrer:
"I thank you for the confidence you have placed in me during the four years of your leadership and for the honor you do me in offering to admit me to the party. My conscience forbids me however to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my Lord and to myself. Party membership however would mean that I should have to face without contradiction the steadily aggravating attacks by party offices on the Christian confessions and those who want to remain faithful to their religious convictions.
"This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership.
"I ask to be permitted to resign.
"With German Greetings:
Yours very obediently,
"(signed) Baron v. Eltz" (1534-PS).
religious convictions. "This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership. "I ask to be permitted to resign. "With German Greetings: Yours very obediently, "(signed) Baron v. Eltz" (1534-PS).
But the Nazis did not wait until all members of the cabinet were party members. Shortly after they came to power, they quickly assured themselves of active participation in the work of the Cabinet. On 1 December 1933, the Cabinet passed a law securing the unity of party and state (1395-PS). In Article 2 of that law the Deputy of the Fuehrer, Hess, and the Chief of Staff of the SA, Roehm, were made members of the Cabinet (1395-PS). Lest mere membership in the Cabinet would not be effective, Hitler endowed his deputy with greater powers of participation. An unpublished decree signed by Hitler, dated 27 July 1934, and addressed to the Reich ministers, provides (D-138):
"I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich Administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Minister concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts.
"This order will apply in the same sense to legislative ordinances. The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf.
"[signed] Adolph Hitler" (D-138).
Hess himself made pertinent comment on his right of participation on behalf of the party, in a letter dated 9 October 1934, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda (D-139):
the Reich Ministers on his behalf. "[signed] Adolph Hitler" (D-138). Hess himself made pertinent comment on his right of participation on behalf of the party, in a letter dated 9 October 1934, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda (D-139):
"By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances. This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time. I must point out that my participation means the taking into account of the opinion of the NSDAP as such, and that in the case of the majority of drafts of laws and decrees, consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934.
"I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them.
"Heil,
"[signed] R. Hess." (D-139).
A handwritten note attached to the letter reads:
"1. The identical letter seems to have been addressed to all Reich Ministers. In our special field the decree of 27 July 1934 has hardly become applicable so far. A reply does not seem called for.
"2. File in file 7B (?)
"[signed] "R" (D-139).
The participating powers of Hess were later broadened, according to a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers (D-140):
our special field the decree of 27 July 1934 has hardly become applicable so far. A reply does not seem called for. "2. File in file 7B (?) "[signed] "R" (D-139). The participating powers of Hess were later broadened, according to a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers (D-140):
"* * * The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of Feb 2nd 1934 (Reich Law Gazette I 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby.
"[signed] Dr. LAMMERS" (D-140).
After Hess' flight to England, Bormann, as Leader of the Party Chancellery, took over the same functions. He was given the authority of a Reich Minister and made a member of the cabinet. (2099-PS)
The Nazi constitutional lawyer, Ernst Rudolf Huber, has this to say about the unity of party and Cabinet (1774-PS):
"Unity of party and Reich-Cabinet (Reichsregierung) is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia." (1774-PS)
of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia." (1774-PS)
In 1943, out of 16 Reich Leaders (Reichsleiters) of the NSDAP, eight were members of the Cabinet: Martin Bormann; Walter Darre, Otto Dietrich; Wilhelm Frick; Paul Josef Goebbels; Constantin Hierl; Heinrich Himmler; Alfred Rosenberg (2473-PS). Through its domination of the Cabinet the Nazi Party strove to secure the fulfillment of its program under a facade of legality.
(a) Decrees of the Ordinary Cabinet. To the Nazi Cabinet, the Nazi Party program of 25 points (1708-PS) was more than a mere political platform; it was a mandate for action. And the Cabinet acted.
Point 1 of this program declared:
"We demand the inclusion of all Germans in a greater Germany on the grounds of the right of self-determination." (1708-PS)
In implication of this demand the Nazi Cabinet enacted, among others, the following laws: the law of 3 February 1938 concerning the obligation of German citizens in foreign countries to register (1938 Reichsgesetzblatt, Part I, page 113); the law of 13 March 1938 for the reunion of Austria with Germany (1938 Reichsgesetzblatt, Part I, page 237) (2307-PS); the law of November 1938 for the reintegration of the German Sudetenland with Germany (1938 Reichsgesetzblatt, Part I, page 1641); the law of 23 March 1939 for the reintegration of Memel in Germany (1939 Reichsgesetzblatt, Part I, page 559).
Point 2 of the Party platform stated in part:
"We demand * * * the cancellation of the treaties of Versailles and St. Germain." (1708-PS)
Reichsgesetzblatt, Part I, page 1641); the law of 23 March 1939 for the reintegration of Memel in Germany (1939 Reichsgesetzblatt, Part I, page 559). Point 2 of the Party platform stated in part: "We demand * * * the cancellation of the treaties of Versailles and St. Germain." (1708-PS)
The following acts of the Cabinet supported this part of the program: The proclamation of 14 October 1933 to the German people concerning Germany's withdrawal from the League of nations and the Disarmament Conference (1933 Reichsgesetzblatt, Part I, page 730); the proclamation and law of 16 March 1935, for the establishment of the Wehrmacht and compulsory military service (1935 Reichsgesetzblatt. Part I, pages 369, 375) (1654-PS); and the defense law of 21 May 1935 implementing the last-named law (1935 Reichsgesetzblatt, Part I, page 609).
Point 4 of the Party platform read as follows:
"Only those who are members of the 'Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the 'Volk'. No Jew, therefore, can be a member of the 'Volk'." (1708-PS)
(1935 Reichsgesetzblatt, Part I, page 609). Point 4 of the Party platform read as follows: "Only those who are members of the 'Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the 'Volk'. No Jew, therefore, can be a member of the 'Volk'." (1708-PS)
Among the cabinet laws which implemented this point were these: the law of 14 July 1933 for the recall of naturalization and the deprivation of citizenship (1933 Reichsgesetzblatt, Part I, page 480); the law of 7 April 1933 permitting persons of non-Aryan descent to be refused permission to practice law (1933 Reichsgesetzblatt, Part I, page 188) (1401-PS); the law of 25 April 1933 restricting the number of non-Aryans in schools and higher institutions (1933 Reichsgesetzblatt, Part I, page 225) (2022-PS); the law of 29 September 1933 excluding persons of Jewish blood from the peasantry (1933 Reichsgesetzblatt, Part I, page 685) (1402-PS): the law of 26 June 1936, forbidding people of Jewish blood to hold positions of authority in the army (1936 Reichsgesetzblatt, Part I, page 518) (1398-PS); the law of 19 March 1937 excluding Jews from the Reich Labor Service (1937 Reichsgesetzblatt, Part I, page 325); the law of 28 March 1938 on the legal status of Jewish religious communities (1938 Reichsgesetzblatt, Part I, page 338); and the law of 6 July 1938 prohibiting Jews from participating in six different types of business (1938 Reichsgesetzblatt, Part I, page 823).
Point 23 of the platform proclaimed:
"We demand legislative action against conscious political lies and their broadcasting through the press." (1708-PS)
Part I, page 338); and the law of 6 July 1938 prohibiting Jews from participating in six different types of business (1938 Reichsgesetzblatt, Part I, page 823). Point 23 of the platform proclaimed: "We demand legislative action against conscious political lies and their broadcasting through the press." (1708-PS)
To carry out this point numerous Cabinet laws were passed, of which the following are merely examples: the law of 22 September 1933 for the establishment of the Reich Culture Chamber (1933 Reichsgesetzblatt, Part I, page 661) (2082-PS); the law of 4 October, 1933 regarding editors (1933 Reichsgesetzblatt, Part I, page 713) (2083-PS); and the law of 15 May 1934 regarding the theater (1934 Reichsgesetzblatt, Part I, page 411).
All the laws referred to above and hereafter were enacted specifically in the name of the Cabinet (Reichsregierung). A typical introductory paragraph reads:
"The Reich Cabinet (die Reichsregierung) has enacted the following law which is hereby promulgated. * * *" [Law of 1 August 1934, 1934 Reichsgesetzblatt, Part I, page 747]. (2003-PS)
In furtherance of the Nazi plans to acquire totalitarian control of Germany (cf. Section 1-2 of Chapter VII), the Cabinet passed the following laws: Law of 26 May 1933, providing for the confiscation of Communist property (1933 Reichsgesetzblatt, Part I, page 293) (1396-PS); Law of 14 July 1933 against the new establishment of parties (1933 Reichsgesetzblatt, Part I, page 479); Law of 14 July 1933 providing for the confiscation of property of Social Democrats and others (1933 Reichsgesetzblatt, Part I, page 479) (1388-PS); and Law of 1 December 1933 securing the unity of party and state (1933 Reichsgesetzblatt, Part I, page 1016. (1395-PS)
Part I, page 479); Law of 14 July 1933 providing for the confiscation of property of Social Democrats and others (1933 Reichsgesetzblatt, Part I, page 479) (1388-PS); and Law of 1 December 1933 securing the unity of party and state (1933 Reichsgesetzblatt, Part I, page 1016. (1395-PS)
In the course of consolidating Nazi control of Germany, (cf. Section 3 of Chapter VII) the following laws were enacted by the Cabinet: Decree of the Cabinet, 21 March 1933, creating special courts (1933 Reichsgesetzblatt, Part I, page 136) (2076-PS); Law of 31 March 1933 for the integration of States into the Reich (1933 Reichsgesetzblatt, Part I, page 153) (2004-PS); Law of 7 April 1933 for the reestablishment of the Professional Civil Service (1933 Reichsgesetzblatt, Part I, page 175) (1397-PS); Law of 7 April 1933 for the integration of states into the Reich (1933 Reichsgesetzblatt, Part I, page 173) (2005-PS); Law of 30 June 1933 eliminating non-Aryan civil servants or civil servants married to non-Aryans (1933 Reichsgesetzblatt, Part I, page 433) (1400-PS); Law of 20 July 1933 providing for the discharge of Communist officials (1933 Reichsgesetzblatt, Part I, page 518) (1398-PS); Law of 24 April 1934 creating the People's Court (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 1 August 1934 uniting the office of President and Chancellor (1934 Reichsgesetzblatt, Part I, page 747) (2003-PS); Law of 30 January 1935, Reich Governors Law, further reducing the independence of the states (1935 Reichsgesetzblatt, Part I, page 65); Law of 30 January 1935 providing for the abolition of representatives or deliberative bodies in the municipalities (1935 Reichsgesetzblatt, Part I, page 49) (2008-PS): Law of 26 January 1937, the comprehensive civil service law (1937 Reichsgesetzblatt, Part I, page 39); and Law of 18 March 1938 providing for the submission of one list of candidates to the electorate for the entire Reich (1938 Reichsgesetzblatt, Part I, page 258). (2355-PS)
Part I, page 49) (2008-PS): Law of 26 January 1937, the comprehensive civil service law (1937 Reichsgesetzblatt, Part I, page 39); and Law of 18 March 1938 providing for the submission of one list of candidates to the electorate for the entire Reich (1938 Reichsgesetzblatt, Part I, page 258). (2355-PS)
Nazi extermination of political internal resistance in Germany, through the purge of political opponents and through acts of terror, (cf. Section 4 of Chapter VII), was facilitated and legalized by the following Cabinet laws: Law of 14 July 1933 against the new establishment of parties (containing a penal clause) (1933 Reichsgesetzblatt, Part I, page 479 (1388-PS); Law of 3 July 1934 concerning measures for emergency defense of the State (legalizing the Roehm purge) (1934 Reichsgesetzblatt, Part I, page 529 (2057-PS); Law of 20 December 1934 on treacherous acts against state and party and for the protection of party uniforms (1934 Reichsgesetzblatt, Part I, page 1269) (1393-PS); Law of 24 April 1934 making the creation of new or continuance of existing parties an act of treason (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 28 June 1935 changing the Penal Code permitting punishment under analogous law (1935 Reichsgesetzblatt, Part I, page 839) (1962-PS); Law of 16 September 1939 permitting second prosecution of an acquitted person before a special court, the members of which were named by Hitler (1939 Reichsgesetzblatt, Part I, page 1841). (2550-PS)