Enabling Act

Reichstag Fire Decree and Enabling Act

On 27 February 1933, the Reichstag building was set on fire. Although the members of the Reichstag were not there at the time, it was a very shocking event, with everyone immediately wondering who could have done such a thing.

Fig. 1 - The Reichstag fire

In truth, we don't know who was responsible for the fire, though there have been many theories. However, at the time, Adolf Hitler was quick to blame the fire on Communists - this made people scared and presented a real political threat that demanded the use of emergency powers.

Hitler wasted no time. The next day, the Reichstag Fire Decree (1933) was passed, giving him the power to detain and imprison people without trial. This struck at one of the fundamental principles of democracy and paved the way for the Enabling Act a month later.

Enabling Act of 1933

When it came into the Reichstag, the Enabling Act passed with 444 votes to 94. However, it is critical to understand that it was hardly a fair vote. In the days leading up to the vote, the SA and SS intimidated other Reichstag members. Many were arrested and sent to the new concentration camp at Dachau.

Fig. 2 - Adolf Hitler giving a speech on the Enabling Act, March 1933

On the day of the vote, the Assembly Hall was filled with SS and SA 'guards' and decorated with swastikas - a member of the Social Democratic Party described the scene:

Clearly, this was not a democratic vote, which explains why the Enabling Act passed with such a huge majority - the Nazis threatened and intimidated people into voting for it.

Effects of the Enabling Act

Despite the bravery of those who opposed the Enabling Act, it was still passed and was signed into law by President Hindenburg on the same day as the vote. Again, Hitler quickly used his newfound power to further his own political agenda. In the months following the Enabling Act, the Nazis targeted three key sections of society: local governments, trade unions, and political opposition.

Fig. 3 - Paul von Hindenburg was President of the Weimar Republic from 1925-1934. He signed off on the Reichstag Fire Decree and the Enabling Act, which ultimately allowed Hitler to consolidate totalitarian power over Germany when Hindenburg died in 1934

Local Government

On 31 March 1933, Hitler shut down all 18 of Germany's state governments, centralising power with himself in Berlin. He then reorganised the local governments so that the Nazis had a majority in every state and appointed governors who were sympathetic to the Nazis. Finally, in July 1934, Hitler abolished state governments completely so that the various areas of Germany could have no real independence from Berlin.

Trade Unions

On 2 May 1933, Nazis broke into trade union headquarters, arrested their leaders, and broke up the trade unions. Later, the Nazis created the 'German Workers' Front' and forced workers to join. This meant that all former trade unions were under government control, making it very difficult for workers to stand up for their rights.

Political Opposition

Perhaps the biggest effect of the Enabling Act was the removal of all political opposition to the Nazis. In May 1933, the Communist and Social Democratic parties were suspended, with the Nazis seizing their headquarters and funds. This was only a stepping stone to the end goal - in July 1933, Hitler passed a law which banned all political parties except the Nazi party.

Significance of the Enabling Act

The Enabling Act was an incredibly significant moment in the history of Germany. It marked the end of the Weimar Republic, as Hitler destroyed all democratic systems by concentrating power for himself. It also allowed him to remove anyone who opposed him, creating a totalitarian dictatorship in Germany.

Historian Frank McDonough comments:

The Enabling Act would also be the legal basis for arresting anyone considered a threat to the country - not just political opponents but also Jews, Roma, Sinti, homosexuals, and disabled people. The Nazis could now arrest them and send them to concentration camps through a completely legal process.