Weimar Constitution - Hitler's Subversion of The Weimar Constitution

Hitler's Subversion of The Weimar Constitution

Less than a month after Adolf Hitler’s appointment as chancellor in 1933, the Reichstag Fire Decree invoked Article 48 of the Weimar Constitution, suspending several constitutional protections on civil rights. The articles affected were 114 (habeas corpus), 115 (inviolability of residence), 117 (correspondence privacy), 118 (freedom of expression /censorship), 123 (assembly), 124 (associations), and 153 (expropriation).

The subsequent Enabling Act, passed by the Reichstag on March 23, 1933, stated that, in addition to the traditional method of the Reichstag passing legislation, the Reich government could also pass legislation. It further stated that the powers of the Reichstag, Reichsrat and Reich President were not affected. The normal legislative procedures outlined in Articles 68 to 77 of the constitution did not apply to legislation promulgated by the Reich government.

The Enabling Act was effectively a constitutional amendment because of the foregoing alterations to the normal legislative process. The act met the constitutional requirements (two-thirds of the Reichstag's members were present, and two-thirds of the members present voted in favor of the measure). The Act did not explicitly amend the Weimar Constitution, but there was explicit mention to the fact that the procedure sufficient for constitutional reform was followed.

The constitution of 1919 was never formally repealed, but the Enabling Act meant that all its other provisions were a dead letter. The Enabling Act itself was breached by Hitler on three occasions in 1934: Article 2 of the act stated that

'Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. The rights of the President remain undisturbed.'

The powers of the Länder (states) were transferred to the Reich, rendering the Reichsrat obsolete. A month later, the Reichsrat itself was dissolved. President von Hindenburg died in August, and Hitler appropriated the president's powers for himself. The Enabling Act did not specify any recourse that could be taken if the chancellor violated Article 2, and no judicial challenge ensued.