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Concept
Enabling Act of 1933
Summary
The Enabling Act of 1933 (German: Ermächtigungsgesetz), officially titled Gesetz zur Behebung der Not von Volk und Reich (Law to Remedy the Distress of People and Reich), was a law that gave the German Cabinet – most importantly, the Chancellor – the powers to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg, leading to the rise of Nazi Germany. Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government.
In January 1933, Adolf Hitler, leader of the Nazi Party, was appointed as chancellor, the head of the German government. On February 27, the German parliament building — the Reichstag — caught fire. Acting as chancellor, Hitler immediately accused the communists of being the perpetrators of the fire and claimed the arson was part of a larger effort to overthrow the German government. Using this justification, Hitler persuaded Hindenburg to enact the Reichstag Fire Decree. The decree abolished most civil liberties, including the right to speak, assemble, protest, and due process. Using the decree, the Nazis declared a state of emergency and began a violent crackdown against their political enemies. As Hitler cleared the political arena of anyone willing to challenge him, he contended that the decree was insufficient and required sweeping policies that would safeguard his emerging dictatorship. Hitler submitted a proposal to the Reichstag that if passed would immediately grant all legislative powers to the cabinet and by extension Hitler. This would in effect allow Hitler's government to act without concern to the constitution.
Despite outlawing the communists and repressing other opponents, the passage of the Enabling Act was not a guarantee. Hitler allied with other nationalist and conservative factions and they steamrolled over the Social Democrats in the 5 March 1933 German federal election. Germans voted in an atmosphere of extreme voter intimidation perpetrated by the Nazi Sturmabteilung (SA) militia.
Official source
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