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Reichstag Fire, February Decrees,
Enabling Law
After becoming Chancellor on 30 January 1933, Hitler’s control of the Cabinet was
weak, with only three Nazis being included (Hitler, Goring
and Frick).
Hitler worried about his limited influence and so
persuaded Hindenburg to call new Reichstag elections for
March 1933.
On 27 February 1933, the Reichstag building was
destroyed as a result of arson.
The Dutch Communist Marinus van der Lubbe was accused of the crime (which most historians now accept).
Some people did however believe that the Nazis were responsible for the crime.
The Nazis exploited the fire to extend their control, in spite
of some people believing they were actually responsible.
The following day (28 February 1933), President Hindenburg used Article 48
to issue the February Decree (sometimes also called the Reichstag Fire Decree).
The February Decree gave Hitler sweeping powers,
including:
• Crackdown on the KPD, including arrests
• Restrict powers of the press
• Let secret police arrest and detain people indefinitely
• Suspend personal freedoms
Order of the Reich President for the Protection of People and State
On the basis of Article 48 paragraph 2 of the Constitution of the German Reich, the following is ordered in defence against Communist state-endangering acts of violence:
Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Reich are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom [habeas corpus], freedom of (opinion) expression, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and telephonic communications. Warrants for House searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
The Nazis used their new powers to undermine
opposition. Several members of the KPD were arrested.
In addition, members of the SPD were also targeted and
many fled the country – including the entire party
leadership going to Prague - to prevent their arrest.
The Nazis also sought to influence the public in other
ways. Mass advert campaigns urged the public to vote
“against Marxism”.
In addition, to intimidate voters, the Nazis used
members of the SA and SS as election officials on the day of
the election, including counting votes.
One week after the Fire, on 5 March 1933, the Reichstag
elections were held.
The Nazis achieved their highest ever vote – 44% -
although this was significantly less than they had expected.
The Nazis needed the support of the DNVP (with 8% of the
vote) to gain a majority.
Now that the Nazis had power (albeit needing another party’s support), they set about taking
full control.
The KPD was banned the day after the election. Also, a new Ministry of Propaganda was set up, and Joseph Goebbels was given full control of all
media in Germany.
24 March 1933 saw the passing of the Enabling Act, giving the
Nazis complete control.
The SPD hoped to defeat the law simply by not attending, as at
least 66% of deputies had to be present. However the Nazis
changed the rules to stop this. Many SPD deputies could not
attend to vote as they feared for their life.
The Enabling Act was passed by the Reichstag (working out of the Kroll Opera House) by
441 votes to 94. The SPD were the only party to oppose it, as
the KPD were banned.
The Nazis still needed the votes of the Catholic Centre Party to
get the two-thirds majority required to pass the law.
The Act let the Cabinet (Hitler):
• Pass decrees without the President’s agreement
• Any laws passed did not have to comply with the Constitution
The Nazis used their power to crush opposition. 100,000
opponents were arrested by the end of 1933.
The Nazis used their new powers in other ways too.
In July 1933, a law was passed banning any new political parties. As all parties were
either banned (KPD and SPD) or had been dissolved, this
meant no opposition.
In November 1933, the Nazis won 92% of Reichstag votes.
Historians’ views
• Michael Burleigh: The Nazis used the Reichstag fire to their advantage to abolish constitutional rights. This was based on a fiction as there was no evidence of a Communist conspiracy.
• William Carr: The Reichstag Fire occurred at the right time for the Nazis, helping them stop a possible Communist uprising.
• Jeremy Noakes: The Enabling Act emasculated the Reichstag and freed the Reich ministries from parliamentary control.
• Peter Fritzsvhe: The February Decrees destroyed civil rights.
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