-Caveat Lector-
>From http://lead.csustan.edu/History/Weikart/enabling.htm
}}}>Begin
GERMAN HISTORY SOURCES
edited by Dr. Richard Weikart
NAZI ENABLING ACT
"Law Concerning the Solving of the Emergency of the People and the
Reich, 24 March 1933"
The Reichstag has issued the following decree, which is hereby
announced with the agreement of the Reich Council,
after having ensured that the necessary legal constitutional
amendments have been made:
Article 1 - Laws of the Reich can be passed by the government, in
addition to the procedure laid down in the constitution
of the Reich. This also applies to laws covered by Articles 85, para.
2, and 87 of the Reich constitution.
Article 2 - The laws passed by the Reich government do not have to
adhere to the constitution provided that the
institutions of the Reichstag and Reichsrat have no objection. The
rights of the President of the Reich remain
unaffected.
Article 3 - The laws passed by the government of the Reich will be
drafted by the Chancellor and announced in the
Law Gazette. They will apply, provided that no other provision is
made, from the day following their publication.
Articles 68-77 of the constitution do not apply to the laws passed by
the government of the Reich.
Article 4 - Treaties agreed by the Reich with foreign states, which
concern the constitutional affairs of the Reich,
do not require the consent of the legislative institutions. The
government of the Reich will issue the necessary
instructions for the implementation of these treaties.
Article 5 - This law applies from the day of its publication. It will
expire on 1 April 1937; it will also be annulled
if the present government of the Reich is replaced by another.
End<{{{
From
http://www.weyrich.com/political_issues/reichstag_fire.html
}}}>Begin
Reichstag Fire
They who will not learn from history are doomed to repeat it. Recent
events raise ghosts of the past.
January 30, 1933
Weimar Republic President Paul von Hindenburg appoints AdolphHitler
Chancellor.
February 27, 1933
The German Parliament (Reichstag) burns down. A dazed DutchCommunist
named Marinus van der Lubbe is found at the sceneand charged with
arson. [He is later found guilty and executed].
February 28, 1933
President Hindenburg and Chancellor Hitler invoke Article 48of the
Weimar Constitution, which permits the suspensionof civil liberties
in time of national emergency. This Decree of the Reich President
for the Protection of the People and State abrogates the following
constitutionalprotections:
Free expression of opinion
Freedom of the press
Right of assembly and association
Right to privacy of postal and electronic communications
Protection against unlawful searches and seizures
Individual property rights
States' right of self-government
A supplemental decree creates the SA (Storm Troops) and SS(Special
Security) Federal police agencies.
Who Did It?
Historians do not agree on who is actually responsible for
theReichstag Fire: van der Lubbe acting alone -- a Communistplot --
or the Nazis themselves in order to create anincident. Writers such
as Klaus P. Fischer feel that mostlikely the Nazis were involved.
But regardless of who actually planned and executed the fire,it is
clear that the Nazis immediately took advantage of thesituation in
order to advance their cause at the expense of civil rights. The
Decree enabled the Nazis toruthlessly suppress opposition in the
upcoming election.
March 5, 1933
National elections give Nazis 44% plurality in the Reichstag.Herman
G�ring [who later played a central role in theNazi government and war
effort]declares that there is no further need for State governments.
Over the next few weeks, each of the lawful Weimar Stategovernments
falls to the same ruse:
Local Nazi organizations instigate disorder;
The disorder is quelled by replacing theelected state government by
appointed Nazi Reich Commissioners.
March 24, 1933
The Reichstag passes the Law for Terminating theSuffering of People
and Nation , also known as theEnabling Law , essentially granting
Adolph Hitlerdictatorial power.
ANALYSIS
The events in 1933 can be summarized as follows:
While it is not clear whether the Nazis intentionally set the
Reichstag fire in order to create a national crisis, or whether the
Nazis simply were opportunistic, the event was used as justification
for a sharp curtailment in constitutionally guaranteed civil
liberties.
The Nazis took advantage of the additional Federal police powers to
suppress opponents.
It is clear that in other situations, the Nazis did use the tactic of
creating a "law and order" crisis so that they could provide a
solution which further eroded civil liberties and entrenched their
power.
The right-wing Nazis and the left-wing communists were cut from the
same cloth -- the point is not that the far right destroyed civil
rights. Rather, the point is that a democracy can be destroyed by
creating a law-and-order crisis and offering as a 'solution' the
abdication of civil liberties and state's rights to a powerful but
unaccountable central authority.
See Also
Randy Weaver Family [COMING SOON]
Branch Davidians [COMING SOON]
Oklahoma City Bombing [COMING SOON]
Sunset Limited Derailment
Copyright � 1995
"Orville R. Weyrich, Jr." <[EMAIL PROTECTED]>
Last updated: December 31, 1997; Version: 1.6
End<{{{
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