The Constitution of the Third Reich

[Walther Darré]

Does anyone have the constitution of the Third Reich? Or just certain other laws? (Not the racial ones, spare me! )

[Mike K.]

There was no constitution. The law of the land was the whim of the Fuehrer.

After the Reichstag fire of February 28, 1933, the constitution of the Weimar Republic was suspended, which had guaranteed things such as freedom of press, assembly, association, etc. Hitler was granted powers of legislation. This was all supposedly a reaction to Communist terrorism, but it's no secret the National Socialists detested the democracy imposed on them, and openly planned to destroy it.

You can find some laws here: http://www.skalman.nu/third-reich/nurnberg-lagarna.htm

[David Thompson]

Here's how it went:

February 4 1933
German President Paul von Hindenburg, using the emergency powers granted to him by Article 48 of the Weimar Constitution, issued "A Decree for the Protection of the German People." The decree gave the Nazis the power to ban all rival political demonstrations in Germany prior to the March 5 elections.

February 28 1933
Following the Reichstag fire, Chancellor Adolf Hitler enacted a measure -- the "Decree for the Protection of People and State" -- which allowed the police to arrest ordinary citizens and have them condemned to continuous custody without the right to a trial or appeal. Constitutional rights were indefinitely suspended, and a state of emergency was declared, which remained in effect until the Nazi defeat in 1945. According to the decree, "restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press; on the rights of assembly and association; and violations of the privacy of postal, telegraphic and telephonic communications; and warrants for house searchers, orders for confiscation as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed." The police -- including the auxiliary police formations of the SA, SS and Stahlhelm -- immediately arrested some 4,000 Communist officials and large numbers of opposition leaders -- even Reichstag members, who were legally immune from arrest.

March 5 1933
The last general elections for the Reichstag were held, in which the NSDAP (Nazi Party) received 43.9 percent of the total votes. A record 88.8 percent of the electorate cast ballots.

March 23 1933
The German Reichstag, minus the 81 arrested Communist deputies and with the Social Democrats dissenting, passed the "Enabling Act" granting broad powers to the Reich Cabinet and allowing laws which "might deviate from the constitution." Specifically, the Act transferred the powers of legislation and the budget, approval of treaties with foreign powers, and the initiation of constitutional amendment from the Reichstag to Hitler's Cabinet of Ministers.

April 7 1933
German Chancellor Adolf Hitler, using the Enabling Act, had his Cabinet enact a new law, the "Second Law for the Coordination of the States with the Reich", appointing a Reich Governor (Reichsstaathalter) in all the German states, empowering them to appoint and remove the local governments, dissolve the state parliaments, and appoint or dismiss state officials and judges. The Reich Governors who were named were, without exception, NSDAP (Nazi Party) members.

July 14 1933
The Reich Cabinet passed a law decreeing: "The National Socialist German Worker's Party [Nazi Party] constitutes the only political party in Germany." Activity in any other political party became punishable by 6 months to 3 years' imprisonment.

December 1 1933
The "Unity of Party and State Decree" became law, merging the government of Germany with the Nazi Party.

January 30 1934
The Reich Cabinet, with the unanimous approval of the Reichstag, passed the "Law for the Reconstruction of the of the Reich" which abolished state parliaments, transferred their sovereign powers to the Reich, and placed all state governors and governments under the Reich Minister of the Interior, Wilhelm Frick. This act transformed Germany into a centralized national state and abolished the old federal system.

August 1 1934
As German President Paul von Hindenburg lay near death, the Reich Cabinet enacted a law abolishing the office of President, reposing the powers of head of state and commander-in-chief of the armed forces in Adolf Hitler, the Fuehrer (Leader) and Reich Chancellor of Germany. The officers and men of the armed forces were required to take an oath of allegiance to Hitler personally, which read:
"I swear by God this sacred oath: That I will render unconditional obedience to Adolf Hitler, the Fuehrer of the German Reich and people, Supreme Commander of the Armed Forces, and will be ready as a brave soldier to risk my life at any time for this oath."

August 19 1934
In a plebiscite vote on the question of whether or not to approve of the law abolishing the office of President, 90 percent of the German people voted yes, thus legitimizing Adolf Hitler's seizure of power.

[Scott Smith]

Thanks for that timeline!

One of the weaknesses of the Weimar Constitution was the provision for "emergency measures," against dissent from both the Right and Left, and the various Chancellors before Hitler were not shy about using these measures against the Nazis and others, but without being able to ban them completely. The Nazis had represented the majority in the Reichstag or thereabouts for some time, yet were frozen out of the government until paralysis could be tolerated no longer. Appointing Hitler Chancellor was not a naïve whim on Hindenburg's part. Another of the weaknesses of the Weimar regime was its commitment to keeping the Versailles treaty.

[JLEES]

No, I believe there actually was a constitution in the Third Reich, but it was a worthless piece of paper like the Soviet one. I remember reading about its existence somewhere in the past, but have never scene a copy of it. The other events like the Reichstag Fire and the Enabling Act are correct and the actual steps that created the dictatorship, but for dressing on the cake, I remember reading about the existence of a Constitution in Nazi-Germany.
James

[viriato]

In sum the Weimar constitution was never abrogated. However what still puzzles me is the legality of the mesures taken by the national-socialist regime. On one hand I think that the "emergency measures" according to the constitution were allowed only for a specific period of time (maximum 5 years?). On the other hand some of the legislation enacted by the natuional-socialist regime were contarary both to the letter and to the spirit of the constitution even on the context of "emergency measures". Plus the arrest of the communist deputies and the clear context in which the Zentrum party voted for the "Enabling Act" pressed onto it by the Vatican as the price of the signing of the bilateral treaty between Germany and the Holy See, smells to me to an unconstitutional act. The elections of March, 5 furthermore were at most only partially free. The harrassing of political oponents was quite common.

By the way I have a doubt. Was it necessary to the approval of the "Enabling Act" a simple or a qualified majority?

[valadezaj]

I read somewhere that the Weimar Republic constitution was used. However it was altered in March when Hitler got his new found powers. Because of Hitler's huge expansion of powers in 1933 and 34 the altered Weimar Constitution though still technically in effect was indeed worthless.

[valadezaj]

On one hand I think that the "emergency measures" according to the constitution were allowed only for a specific period of time (maximum 5 years?).

In March 1933 Hitler was granted these powers for 4 years. On 1 April, 1937 the reichstag renewed his powers and in 1941 declared them to be perpetual.

By the way I have a doubt. Was it necessary to the approval of the "Enabling Act" a simple or a qualified majority?

The enabling act needed a two-thirds majority vote, which Hitler got.

[viriato]

Thanks Valadezaj for your answer:

The enabling act needed a two-thirds majority vote, which Hitler got.

This would have meant that had the Communists and the Zentrum Party voted freely the two thirds majority would have almost certainly not happened.

[JLEES]

valadezaj,
I think you're correct about the Weimar Republic Constitution. It was still in affect during the Third Reich, but a usless document.
James

[haoster]

The discussion assumes a free and fair ballot, which it was not. I seem to recall that during the session involving the Enabling Act, the Reichstag floor was ringed by Storm troopers, with weapons at the shoulder. Several members openly protested this affront to democracy, and although their arguments were heard, none who spoke out survived the later retributions. The vote was taken in public view. Clearly this influenced the outcome, although substantial votes were still cast in opposition.

Anybody still think this accession to power was so great?

[viriato]

hoaster I agree with you that the legality of the accession to power was none. But the problem din't arise only whith the vote in the Reichstag. The last elections held in 1933 were themselves not free, people having been harrassed during the campaign, parties were unable to make their campaign, the police and electoral officers were not neutrals, etc. As to the vote in the Reichstag, the KPD deputies were not allowed to vote and the Zentrum was blackmailed to vote for Hitler, as the price for the Holy See having signed the Concordat with Germany.

A further question one may make is this one: if the national-socialists due their power to a rigged vote, thus being an illegal government than the Weimar Constitution in its entirety might still be valid de jure even today...