Legal Means Flashcards
Hitler was never taken seriously by the elites. Who partically disliked him?
Hindenburg
However, Hitler’s seemingly improbably assent to power- which profoundly changed history - was made possible by a strong backing from the ordinary people, gaining the Nazis what % of the vote in 1933.
43.9%
However, the circumstances by which Hitler was made Chancellor limited his options and forced him into a graduated path in which he had to frequently emphasise that any changes he introduced were legal. Why was this so?
Hitler was a ‘roped in’ Chancellor. Appointed head of a cabinet in which there were only two other Nazis (Frick & Goering) and Hitler was subject to the ultimate authority of President Hindenburg, who remained commander and chief of the armed forces, and had the power to dismiss Hitler. This meant that Hitler had to manage change so that it appeared to be legal, and gradual, to avoid the risk of dismissal or being forced into conflict with the army and conservatives.
What does Lee say about Legal or not legal?
“throughout the period there was a best very thinly disguised use of legality and at worst a blatant disregard for it”
What does Hildenbrand suggest about the extent to which it was legal?
‘it was often difficult to distinguish terroristic from legal measures’.
Enabling Act March 23rd 1933 – passed by Reichstag.How many voted for and against what did this mean?
Number of deputies who voted for the enabling act was 444 (94 against)- Had the Reichstag support and 2/3 majority. The Enabling Act of 24 March said ‘The requirements of legal Constitutional change having been met -. the requirement to have a 2/3 majority vote to change the constitution.
What did the enabling act allow hitler to do?
The Enabling Act allowed the Cabinet to introduce legislation without it first going through the Reichstag. Basically the Reichstag Deputies voted to allow themselves to be bypassed. Any legislation passed by the Cabinet did not need presidential approval either.
The enabling act had a lifespan of how many years?
The act had a lifespan of four years before it had to be renewed via the Reichstag – something that happened on two separate occasions with an even more Nazified Reichstag and with what was effectively open voting.
Only which party voted against it?
Only SPD voted against- Had the Reichstag support overall apart from SPD.
What did hitler offer to other political parties in exchange for their vote?
Hitler offered concessions (e.g. Reichstag, Reichsrat and Lander to remain and the office of president to remain untouched.)- proper politics
Hitler used the powers given to him by the Enabling Act, to pass laws without reference to the Reichstag, to modify the political institutions of Germany. Hitler justified these changes as being legal in order to allay any doubts that the army and judiciary may have had such as what laws?
- The law of 31st March ‘for the co-ordination of the Länder of the Reich’ reorganised the system of state governments by giving powers to centrally appointed Reich Governors over elected state parliaments
- Law of 7th April ‘for the restoration of the professional civil service’ purged the civil service of potential opponents and Jews
- The law of 14th July 1933 ‘against the formation of new political parties’ gave the Nazi Party (NSDAP) a monopoly of political power
- The law of 1st August 1934 ‘on the Head of State of the German Reich’, which legalised combining of the offices of Chancellorship and the Presidency in the person of the Führer, following the death of President Hindenburg.
