dtufail/nuremberg-trials-corpus huggingface dataset:
circulated to the members of the ordinary Cabinet. A memorandum found in the files of the Reich Chancellery and addressed to the members of the Council of Ministers, dated 17 September 1939, and bearing the typed signature of Dr. Lammers, Reich Minister and Chief of the Reich Chancellery, states (1141-PS):
"Matters submitted to the Council of Ministers for the Reich Defense have heretofore been distributed only to the members of the Council. I have been requested by some of the Reichsministers who are not permanent members of the Council to inform them of the drafts of decrees which are being submitted to the Council, so as to enable them to check these drafts from the point of view of their respective offices. I shall follow this request so that all the Reichsministers will in future be informed of the drafts of decrees which are to be acted upon by the Council for the Reich Defense. I therefore request to add forty-five additional copies of the drafts, as well as of the letters which usually contain the arguments for the drafts, to the folders submitted to the Council." (1141-PS)
Von Stutterheim, who was an official of the Reich Chancellery, comments on this procedure at page 34 of a pamphlet entitled "Die Reichskanzlei":
"* * * It must be noted that the peculiarity in this case is that the subjects dealt with by the Cabinet Council- (Council, of Ministers for the Defense of the Reich), are distributed not merely among the members of the Cabinet Council, but also among all the members of the Cabinet (Kabinett) who are thereby given the opportunity of guarding the interests of their spheres of office by adding their appropriate standpoints in the Cabinet Council legislation, even if they do not participate in making the decree." (2231-PS)
the members of the Cabinet Council, but also among all the members of the Cabinet (Kabinett) who are thereby given the opportunity of guarding the interests of their spheres of office by adding their appropriate standpoints in the Cabinet Council legislation, even if they do not participate in making the decree." (2231-PS)
For a time the Cabinet consulted together through actual meetings. The Council of Ministers did likewise, but those members of the Cabinet who were not already members of the Council also attended the meetings of the Ministerial Council. And where they did not attend in person, they were usually represented by the state secretaries of their Ministries. The minutes of six meetings of the Council of Ministers, on 1,4,8, and 19 September 1939, on 16 October 1939, and on 15 November 1939, demonstrate this procedure. (2852-PS)
At the meeting held on 1 September 1939, which was probably the first meeting since the Council was created on 30 August 1939, the following were in attendance:
"Present were the permanent members of the Council of Ministers for the Reich Defense: The Chairman and Generalfield Marshall, Goering; the Deputy of the Fuehrer, Hess [a line appears through the name Hess]; the Plenipotentiary for Reich administration, Dr. Frick; the Plenipotentiary for Economy, Funk; the Reich Minister and Chief of the Reich Chancellery, Dr. Lammers; and the Chief of the High Command of the Armed Forces, Keitel, represented by Major General Thomas." (2852-PS)
These were the regular members of the Council. Also present was the Reich Minister for Food and Agriculture, Darre, and seven State Secretaries: Koerner, Neumann, Stuckart, Posse, Landfried, Backe, and Syrup (2852-PS). These State Secretaries were from the several Ministries or other supreme Reich authorities. Koerner was the Deputy of Goering in the Four Year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor.
Landfried, Backe, and Syrup (2852-PS). These State Secretaries were from the several Ministries or other supreme Reich authorities. Koerner was the Deputy of Goering in the Four Year Plan; Stuckart was in the Ministry of the Interior; Landfried was in the Ministry of Economics; Syrup was in the Ministry of Labor.
The minutes dated 8 September 1939 (2852-PS) note that in addition to all members of the Ministerial Council, the following also were present:
"The Reich Minister for Food and Agriculture * * * Darre; State Minister * * * Popitz;"
Then come the names of nine State Secretaries from the several Ministries, and then:
"SS Gruppenfuehrer * * * Heydrich;"
The close integration of the ministerial Council with the ordinary Cabinet is seen by the following excerpt from the minutes of the same date (8 September 1939):
"The Council of Ministers for the Reich Defense ratified the decree for the change of the Labor Service Law which had already been passed as law by the Reich Cabinet. (Reichsgesetzblatt, Part I, page 1744.)"
The minutes of the meeting of 19 September 1939 (2852-PS) show the following Reich Ministers to be present in addition to four members of the Council:
"Also: The Reich Minister for Finance, Count Schwerin von Krosigk.
The Reich Minister for Food and Agriculture, Darre.
The Reich Minister For Enlightenment and Propaganda, Dr. Goebbels.
State Minister * * * Dr. Popitz." (2852-PS)
Then come the names of eight State Secretaries. Others present included:
"SS Gruppenfuehrer * * * Heydrich ; General of the Police (Ordnungspolizei) Daluege." (2852-PS)
The minutes dated 15 November 1939 show the same co-mixture of Ministers, State Secretaries, and similar functionaries. In addition, the following were also present:
State Secretaries. Others present included: "SS Gruppenfuehrer * * * Heydrich ; General of the Police (Ordnungspolizei) Daluege." (2852-PS) The minutes dated 15 November 1939 show the same co-mixture of Ministers, State Secretaries, and similar functionaries. In addition, the following were also present:
"Reichsleiter, Dr. Ley; Reichsleiter, Bouhler; Reichsfuehrer SS, Chief of German Police in the Reich Ministry of Interior, Himmler; The Reich Labor Service Leader, Hierl * * * Reich Commissioner for Price Control, Wagner * * * as well as experts (Sachbearbeiter) of the German Labor Front and the Reich Labor Service." (2852-PS)
Some of the decrees passed and matters discussed at these meetings of the Ministerial Council are significant. At the first meeting of 1 September 1939 14 decrees were ratified by the Council. Decree No. 6 concerned
"* * * the organization of the administration and about the German safety police in the Protectorate of Bohemia and Moravia. (RGB1, I, page 1681)." (2852-PS)
At the meeting of the Council on 19 September 1939 the following occurred:
"The Chairman of the Council, Generalfieldmarshall Goering, made comments regarding the structure of civil administration in the occupied Polish territory. He expressed his intentions regarding the economic evacuation measures in this territory. Then the questions of decreasing wages and the questions of working hours and the support of members of families of inducted workers were discussed."
"The Chairman directed that all members of the Council regularly receive the situation reports of the Reichsfuehrer SS. Then the question of the population of the future Polish Protectorate was discussed and the placement of Jews living in Germany." (2852-PS)
Finally, at the meeting of 15 November 1939 the discussion concerned, among other things, the "treatment of Polish Prisoners of War". (2852-PS)
the Reichsfuehrer SS. Then the question of the population of the future Polish Protectorate was discussed and the placement of Jews living in Germany." (2852-PS) Finally, at the meeting of 15 November 1939 the discussion concerned, among other things, the "treatment of Polish Prisoners of War". (2852-PS)
The minutes of these meetings (2852-PS) not only establish the close working union between agencies of the state and the party, especially the SS, but also tends to establish that the Reichsregierung was responsible for the policies adopted and put into effect by the government.
C. Powers of The Reichsregierung.
But mere working alliances would be meaningless unless there was power. And the Reichsregierung had power. Short of Hitler himself, it had practically all the power a government can exercise.
(1) The Ordinary Cabinet. The Nazi conspirators secured the passage by the Reichstag of the "Law for the Protection of the People and the Reich," Of 24 March 1933 (2001-PS), which vested the Cabinet with legislative powers even to the extent of deviating from previously existing constitutional law. These powers were retained even after the members of the cabinet were changed, and the several states, provinces, and municipalities, which had formerly exercised semi-autonomous powers, were transformed into mere administrative organs of the central government. The ordinary cabinet emerged all-powerful from this rapid succession of events. Frick waxed eloquent upon that achievement in an article which he wrote for the 1935 National Socialist Year Book:
which had formerly exercised semi-autonomous powers, were transformed into mere administrative organs of the central government. The ordinary cabinet emerged all-powerful from this rapid succession of events. Frick waxed eloquent upon that achievement in an article which he wrote for the 1935 National Socialist Year Book:
"The relationship between the Reich and the States has been put on an entirely new basis, never known in the history of the German people. It gives to the Reich cabinet (Reichsregierung) unlimited power it even makes it its duty, to build a completely unified leadership and administration of the Reich. From now on, there is only one national authority: The one of the Reich! Thus, the German Reich has become a unified state, and the entire administration in the states is only carried out by order or in the name of the Reich. The state borders are now only administration, technical are boundaries but no longer boundaries of sovereignty! In calm determination, the Reich Cabinet (Reichsregierung) realizes step by step, supported by the confidence of the entire German people, the great longing of the Nation. The creation of the national socialist German, unified state." (2380-PS)
The heightened legislative power of the Cabinet is also emphasized in an article written by Dr. Franz Medicus, an official in the Reich Ministry of the Interior, and published in 1939 in Volume 4 of "Das Dritte Reich in Aufbau":
"* * * Worked out by the Reich Minister of the Interior, the 'Law for Alleviation of the Distress of People and Reich', in short called 'Enabling Law', was issued on 24 March 1933, broke with the liberal principle of 'division of power' by transferring the legislature from the Reichstag to the Reich Cabinet, so that legislation by personally responsible persons took the place of 'anonymous' legislation." (2849-PS)
of People and Reich', in short called 'Enabling Law', was issued on 24 March 1933, broke with the liberal principle of 'division of power' by transferring the legislature from the Reichstag to the Reich Cabinet, so that legislation by personally responsible persons took the place of 'anonymous' legislation." (2849-PS)
When the Ministerial Council was formed in 1939, it too was given legislative powers (cf. Article II of the decree of 30 August 1939 (2018-PS). The ordinary cabinet also continued to legislate throughout the war. Because of the fusion of personnel between the Ministerial Council and the ordinary cabinet, questions were bound to arise as to what forum should lend its name to a particular law. Dr. Lammers, Chief of the Reich Chancellery and a member of both agencies, wrote a letter on 14 June 1942 to the Plenipotentiary for Reich Administration about these questions (352-PS):
"To the Plenipotentiary for the Reich Administration (Generalbevollmaechtigter die Reich Verwaltung)
"Subject: The Jurisdiction of the Council of Ministers for the Defense of the Reich (Ministerrat fuer die Reichsverteidigung)
to the Plenipotentiary for Reich Administration about these questions (352-PS): "To the Plenipotentiary for the Reich Administration (Generalbevollmaechtigter die Reich Verwaltung) "Subject: The Jurisdiction of the Council of Ministers for the Defense of the Reich (Ministerrat fuer die Reichsverteidigung)
"Your letter of 3 June 1942, No. 493/42/2882.-Recently the Fuehrer announced in accord with the opinions of the Reich Marshal of the Greater German Reich as shown in my letter of 20 Feb. 1940-RK. 624-B-that he believes it practical to reserve certain legislative missions for the Reich Cabinet. With this he has not limited the competency of the Council of Ministers for the defense of the Reich but given a directive as to how legislation should be handled under the point of view of practicability. I have no doubt that the Fuehrer, as well as the Reich Marshal, have not changed their point of view, in particular, regarding the fact, that at the present there should be only legislation important in the cause of war, and that they will stress the fact that the Fuehrer himself and the Reich Cabinet should not be eliminated from the powers of legislation. It will have to be tested from time to time what measures will be reserved for the Reich Cabinet. My letter of 20 February 1940, and the opinions of the Fuehrer therein expressed may serve as a directive even if the limitations indicated by me are no longer applicable in their full meaning. I would therefore suggest not basing the discussions with the Reich Minister of Finance on the question of competency of the Reich Cabinet or the Council of Ministers for the Defence of the Reich, but on the question of whether it would be practical to achieve settlement through either Reich law or a Decree from the Council of Ministers for the defense of the Reich in the sense of the opinions voiced by the Fuehrer.
(signed) Dr. Lammers" (352-PS).
Council of Ministers for the Defence of the Reich, but on the question of whether it would be practical to achieve settlement through either Reich law or a Decree from the Council of Ministers for the defense of the Reich in the sense of the opinions voiced by the Fuehrer. (signed) Dr. Lammers" (352-PS).
Other officials possessed legislative powers. Hitler was of course one. Goering, as Deputy of the Four Year Plan, could and did issue decrees with the effect of law. The Cabinet delegated power to issue laws deviating from existing law to the Plenipotentiaries of Economy and Administration and the Chief of the OKW, the so-called Three-Man College. This was done in the Secret Defense Law of 1938 (2194-PS). These three officials Frick, Funk, and Keitel-however, were also members of the Council of Ministers and of the ordinary cabinet as well. It can therefore be said, in the language of the Indictment, that the Reichsregierung "possessed * * * legislative * * * powers of a very high order in the system of the German government."
Keitel-however, were also members of the Council of Ministers and of the ordinary cabinet as well. It can therefore be said, in the language of the Indictment, that the Reichsregierung "possessed * * * legislative * * * powers of a very high order in the system of the German government."
The executive and administrative powers of the Reich were concentrated in the central government primarily as the result of two basic Nazi laws that reduced the separate states (called Laender) to mere geographical divisions. One was the law of 30 January 1934, known as the Law for the Reconstruction of the Reich (2006-PS). By that law the States were deprived of their independent status as States, their legislative assemblies were abolished, and their sovereign powers were transferred to the Reich. The other was the Reich Governor's Law, enacted by the Cabinet on 30 January 1935 (2008-PS), which made all Reich Governors (Statthalters) permanent delegates of and subject to the order of the cabinet and, more especially, of the Reich Minister of the Interior, As a result, the ordinary cabinet was possessed of wide powers, which are set forth in "Administration Law," periodical published in 1944 which was edited by Dr. Wilhelm Stuckart, State Secretary in the Reich Ministry of the Interior, and Dr. Harry V. Rosen-v. Hoewel, an oberregierungstat in the Reich Ministry of the Interior (2959-PS). The description of the powers and functions of all the ministries of the ordinary cabinet illustrates the extent of control vested in the Reichsregierung:
III. The Reich Ministers
"There are at present twenty-one Reich Ministers, namely:
"I. 15 Reich Ministers with a definite portfolio.
The Ministries of the Reich Ministers mentioned under 2, 6, 7, 8, 9, 10, 11, 12 are united with the corresponding Ministries of Prussia.
"1. The Reich Minister for Foreign Affairs (Foreign Office).
(a) He handles all matters touching on the relations of the Reich to foreign countries.
portfolio. The Ministries of the Reich Ministers mentioned under 2, 6, 7, 8, 9, 10, 11, 12 are united with the corresponding Ministries of Prussia. "1. The Reich Minister for Foreign Affairs (Foreign Office). (a) He handles all matters touching on the relations of the Reich to foreign countries.
(b) Under him are the diplomatic and consular representatives as well as the Reich office for Foreign Trade.
"2. The Reich Minister of the Interior.
(a) To his portfolio belong general administration, local administration, police administration, administration of officials, public health, welfare, geodetic system, sport system and the Reich Labor Service.
(b) Under him are the general and internal administrations, for example, the Reich Governors, the state governments (Landesregierung) the superior Presidents, the governmental Presidents, as well as police officials and the Reich Labor Service.
Furthermore, there are under him numerous central intermediary boards, for example, the Reich Health Office, the Reich Archives, the Reich Genealogical Office.
"3. The Reich Minister for Public Enlightenment and Propaganda.
(a) To his portfolio belong the intellectual influences on the nation, recruiting for the state, culture and economics, and the instruction of domestic and foreign public opinion.
(b) Under him are, among other things, the Reich Propaganda Offices and the film censorship offices. Furthermore, he exercises supervision over  the Reich Chamber of Culture, the Recruiting Council of German Economics, the Reich Radio Company, and the Institute of Politics (Hochschule fuer Politik).
"4. The Reich Minister of Aviation and Supreme Commander of the Air Force.
He administers civil and military aviation.
"5. The Reich Minister of Finances.
(a) To his portfolio belong the budget and financial system of the Reich, as well as the administration of taxes, monopolies, and tariffs.
(b) Under him are namely: the administration of taxes and tariffs, as well as the administration of Reich monopolies.
"6. The Reich minister of Justice.
Finances. (a) To his portfolio belong the budget and financial system of the Reich, as well as the administration of taxes, monopolies, and tariffs. (b) Under him are namely: the administration of taxes and tariffs, as well as the administration of Reich monopolies. "6. The Reich minister of Justice.
(a) He is in charge of all matters related to the judicial system.
(b) Under him are all judicial agencies and the Reich Patent Office.
"7. The Reich Ministry of Economics.
(a) To his portfolio belong the basic economic political questions of German economy, the supply of the civilian population with goods for consumption and the regulation of their distribution, the handling of foreign economic questions in the framework of policy on foreign trade of the Reich and the supreme supervision over the institutes of credit.
(b) Under him are the Reich administration of mines, the Reich office of Statistics, the Supervisory office for Private Insurance, the Gau Chambers of Economy, the State Economic Offices, (Landeswirtschaftsamt) the Savings Banks, and the State Insurance Offices.
"8. The Reich Minister for Food and Agriculture.
(a) He is in charge of all farmers and of the agriculture, as well as the food administration.
(b) Under him are the State Food Offices (Landesernaechrungsamt) the State Administration of Large Estates (Domaenen verwaltung) the Administration of Rural Affairs and the Agricultural Credit Offices. Furthermore, he exercises state supervision over the Reich Food Supply of which he is the leader."
"14. Reich minister for Armament and War Production.
He has to bring to a level of highest production all offices active in producing arms and munitions. Furthermore, he is responsible for the field of raw materials and production in industry and manual labor.
"15. The Reich Minister for the Occupied Eastern Territories.
for Armament and War Production. He has to bring to a level of highest production all offices active in producing arms and munitions. Furthermore, he is responsible for the field of raw materials and production in industry and manual labor. "15. The Reich Minister for the Occupied Eastern Territories.
(a) He administers the recently occupied (i.e. former Soviet-Russian) Eastern territories, insofar as they are under civil administration and not subordinated to the Chief of Civil Administration for the district of Bialystok (cf. page 70) or insofar as they are incorporated in the General Government (cf. page 100).
(b) Under him are the Reich Commissars, the General Commissars, Head Commissars, and District Commissars, in the recently occupied Eastern territories." (2959-PS)
Other important powers and functions contained in the ordinary cabinet were not included in the foregoing list. For example, upon the creation of the People's Court on 24 April 1934, it was placed within the jurisdiction of the Ministry of Justice (2014-PS). With the acquisition and occupation of new territories, the integration and coordination thereof were placed within the Ministry of the Interior. The Reich Minister of the Interior, Frick, (in some cases in cooperation with other Reich Ministers) was, by law, given regulatory powers over such territories. The territory and the applicable law may be listed as follows:
(1) The Saar (1935, Reichsgesetzblatt, Part I, page 66).
(2) Austria (1938, Reichsgesetzblatt, Part I, page 237).
(3) Memel (1939, Reichsgesetzblatt, Part I, page 54).
(4) Bohemia and Moravia (1939, Reichsgesetzblatt, Part I, page 485).
(5) Sudetenland (1939, Reichsgesetzblatt, Part I, page 780).
(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).