The Enabling Act of 1933

On March 24, 1933, the Reichstag, Germany’s parliament, passed the Enabling Act (Ermächtigungsgesetz). This critical piece of legislation effectively marked the establishment of Adolf Hitler’s dictatorial regime, granting him plenary powers and allowing him to enact laws without the Reichstag’s involvement, effectively sidelining it.

Context Leading Up to the Act

Following the Reichstag fire on February 27, 1933, a transformative period in German politics ensued. The fire was used by Hitler to spur fear of a Communist uprising, which played into the hands of the Nazi Party’s intention to dismantle democratic institutions in Germany. The subsequent Decree for the Protection of People and State, issued on February 28, 1933, suspended many civil liberties and allowed for the arrest of political opponents, mainly targeting Communists and Social Democrats.

In the March 5, 1933, elections, the Nazis increased their parliamentary seats but did not achieve an outright majority. They formed a coalition with the German National People’s Party (DNVP) to bolster support for the Enabling Act.

Passage of the Enabling Act

The Enabling Act required a two-thirds majority to pass due to its constitutional implications. With the absence of many Communist and Social Democrat deputies, who were either arrested or intimidated, the Nazis secured the necessary votes through a combination of political maneuvering and intimidation, notably from the paramilitary SA (Sturmabteilung) presence.

The final vote on the Enabling Act was 444 in favor and 94 against, the latter solely from the Social Democrats who could still attend. The Center Party, after receiving assurances regarding the protection of religious institutions, and other smaller parties supported the measure, swayed by Hitler’s promises and threats of disorder.

Provisions of the Act

The Enabling Act granted the Chancellor (Hitler) and his cabinet the authority to enact laws independently of the Reichstag and the President, explicitly bypassing the constitution. It was initially set for four years but was renewed throughout the Nazi regime, solidifying Hitler’s absolute power.

Aftermath

The passage of the Enabling Act effectively nullified the Weimar Constitution. It paved the way for the Nazi consolidation of power, including the Gleichschaltung process, which unified all governmental institutions under Nazi control and ideology. This authoritarian realignment led to widespread persecution, setting the stage for the egregious human rights violations and expansionist policies that precipitated World War II and the Holocaust.

The passage of the Enabling Act of 1933 stands as a pivotal moment in history, demonstrating the fragility of democratic structures in the face of concentrated power and propaganda, and reminding us of the critical importance of safeguarding democratic institutions.