Enabling Act of 1933

The Enabling Act (Ermachtigungsgesetz in German) was passed by Germany's parliament (the Reichstag) on 23 March 1933. It was the second major step after the Reichstag Fire Decree through which the Nazis obtained dictatorial powers using largely legal means. The Act enabled Chancellor Adolf Hitler and his cabinet to enact laws without the participation of the Reichstag.
The formal name of the Enabling Act was Gesetz zur Behebung der Not von Volk und Reich ("Law to Remedy the Distress of the People and the Empire").
Enabling Act text
As with most of the laws passed in the process of Gleichschaltung, the Enabling Act is quite short, considering its consequences. It is therefore reproduced in full in German and English:
Notes
The Enabling Act was passed by the Reichstag on March 23 and proclaimed by the government the following day. Following constitutional procedure for legislation, the law was countersigned by President von Hindenburg, Chancellor Hitler, Minister of Interior Frick, Foreign Minister von Neurath, and Minister of Finance von Krosigk.
Passage of the Enabling Act
The Nazis wrote the Enabling act to gain complete political power without the need of the support of a majority in the Reichstag and without the need to bargain with their coalition partners.
Propaganda
Within 24 hours of being appointed chancellor of Germany on 30 January 1933, Hitler skillfully influenced the outcome by propaganda minister Joseph Goebbels who wrote:
Now it will be easy to carry on the fight, for we can call on all the resources of the State. Radio and press are at our disposal. We shall stage a masterpiece of propaganda.
In the days leading up to the elections, the Nazis organized street violence to intimidate the opposition and to build fear of communism. The burning of the Reichstag six days before the election was the pivotal event of the campaign.
Violence
Later that day, the Reichstag assembled under intimidating circumstances, with SA men swarming inside and outside the chamber. Hitler's speech emphasised the importance of Christianity in German culture. This was aimed particularly at appeasing the formerly allied Catholic Centre Party. It partly incorporated the guarantees requested by party chairman Ludwig Kaas.
All parties except the SPD voted in favour of the Enabling Act. With the Communist delegates removed and 26 of the SPD deputies arrested or in hiding, the final vote was 441 supporting the Enabling Act to 94 (all Social Democrats) opposed.
Consequences
The Communist Party deputies - and a few Social Democratic deputies as well - were already jailed, and the Communist mandates were declared "dormant" by the government shortly after the elections. The remaining free members of parliament were intimidated by the SA surrounding the parliament hall. In the end, only the Social Democrats voted against the bill.
The British tabloid Daily Express described the Jewish reactions of boycott against Germany as "Judea Declares War on Germany" (March 25, 1933).
Presidential consequences
President von Hindenburg seemed to be pleased with Hitler's firm hand. During the cabinet conference on the Enabling Act, von Hindenburg's representative stated that the aged president was withdrawing from day-to-day affairs of government and that presidential collaboration on the laws decreed as a result of the Enabling Act would not be required.
Related pages
Enabling act (General)
References
Nazi Germany
20th century in law
1933
March events
1930s in Germany
German legislation