Enabling Act (23 march of 1933)

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DavidFrankenberg
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Enabling Act (23 march of 1933)

Post by DavidFrankenberg » 13 Jun 2021 14:57

Hello,

There are the topics dealing with the Enabling Act :

Looking for a record of the enabling act Reichstag meeting.
viewtopic.php?f=45&t=154779&p=1348655
First law under the enabling act?
viewtopic.php?f=45&t=154779&p=1348655
Otto Welds(?) speech at enabling law vote
viewtopic.php?f=45&t=74861&p=673757
Enabling Act
viewtopic.php?f=45&t=103283&p=914534

The Enabling Act was the vote of the Reichstag giving Full Powers to Hitler the 23 march of 1933.
2/3 of the votes were required.
Göring decided not to count the 81 KPD seats as part of the quorum, so the quorum decreased from 432 to 378.

But, what is legal ?

Wiki quotes the historian R. Evans stating that Göring acted unlawfully.
In his book, The Coming of the Third Reich, British historian Richard J. Evans argued that the Enabling Act was legally invalid. He contended that Göring had no right to arbitrarily reduce the quorum required to bring the bill up for a vote. While the Enabling Act only required the support of two-thirds of those present and voting, two-thirds of the entire Reichstag's membership had to be present in order for the legislature to consider a constitutional amendment. According to Evans, while Göring was not required to count the KPD deputies in order to get the Enabling Act passed, he was required to "recognize their existence" by counting them for purposes of the quorum needed to call it up, making his refusal to do so "an illegal act". (Even if the Communists had been present and voting, the session's atmosphere was so intimidating that the Act would have still passed with, at the very least, 68.7% support.) He also argued that the act's passage in the Reichsrat was tainted by the overthrow of the state governments under the Reichstag Fire Decree; as Evans put it, the states were no longer "properly constituted or represented", making the Enabling Act's passage in the Reichsrat "irregular".[16]
Did Göring had the right to dismiss the 81 KPD seats ?

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wm
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Re: Enabling Act (23 march of 1933)

Post by wm » 13 Jun 2021 17:44

Full powers minus the fact Hindenburg had the right to send Hitler packing any time he wished.

DavidFrankenberg
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Re: Enabling Act (23 march of 1933)

Post by DavidFrankenberg » 15 Jun 2021 03:04

wm wrote:
13 Jun 2021 17:44
Full powers minus the fact Hindenburg had the right to send Hitler packing any time he wished.
Absolutely. But Hindenburg was in agreement with Hitler and his policy.

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wm
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Re: Enabling Act (23 march of 1933)

Post by wm » 16 Jun 2021 21:04

For example, Hindenburg seriously weakened the Law for the Restoration of the Professional Civil Service (1933).

DavidFrankenberg
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Re: Enabling Act (23 march of 1933)

Post by DavidFrankenberg » 17 Jun 2021 12:19

wm wrote:
16 Jun 2021 21:04
For example, Hindenburg seriously weakened the Law for the Restoration of the Professional Civil Service (1933).
I would not say "seriously". The law still passed. Hindenburg just managed to let WWI jewish vets to keep their pensions. Only few kept their jobs.

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