The Enabling Act - March 23, 1933
On January 30, 1933, Adolf Hitler was elected Chancellor of
the Weimar Republic. He swore the oath: "I will employ my
strength for the welfare of the German people, protect the
Constitution and laws of the German people,
conscientiously discharge the duties imposed on me and
conduct my affairs of office impartially and with justice to everyone. (Dawidowicz
48). By this time, his mind was already set on the destruction of the Weimar Constitution.
He was preparing himself to unleash a relentless war on his enemies: democracy, freedom,
pluralism, and, above anything else, the Jews.Under the Article 48 of the Weimar Constitution, the Chancellor had the authority to
impose dictatorial power to protect the democratic order from being overthrown. This
measure was intended to put a stop to a possible Communist revolution. In February 4,
1933, Hitler convinced Paul von Hindenburg, the president of the Weimar Republic, to
sign a decree that authorized the Minister of the Interior and the police to prohibit public
meetings and publications that could endanger public security.
To Hitler's advantage, the Reichstag building was set on fire on February 27, 1933. A
deranged Communist pyromaniac, Marinus van der Lubbe was blamed for the crime.
However, the Nazi party more than likely staged the fire and used Lubbe as an scapegoat
in order to blame the Communists. Consequently, the incident yielded political unrest in
Germany and provided Hitler the opportunity to issue a series of emergency decrees over
Hindenburg's signature that undermined the Constitution and destroyed basic liberties.
"Described as measures to ward off 'Communist acts of violence endangering the state,'
these decrees suspended all fundamental freedoms of speech, assembly, freedom from
invasion of privacy (mail, telephone, telegram) and from house search without warrant"
(50).

Hitler greets President Paul von Hindenburg after being elected Chancellor.
Hitler's next step was to acquire the two-thirds majority vote in the new Reichstag session
that was necessary for the Enabling Act to be passed. The Enabling Act gave the
government the absolute power to pass legislation for a specific period of time. Using the
SA (Sturmabteilung-Storm Troops), Hitler ardently suppressed Communist, Socialist, and
Catholic opposition throughout Germany up until the new elections of the Reichstag were
held. The new Reichstag met in March 23, 1933, to vote on the passing of the Enabling
Act. In this session, all of the Communist deputies and 26 Socialist deputies were missing
because they had been arrested or they fled the country. When the vote was taken, 441
deputies voted in favor of the Act and all of the Social Democrats present voted against it.
Thus Hitler came to near absolute power.

The Reichstag erupts after a Hitler speech. Photo from National Archives.
With the Enabling Act passed, Hitler legally acquired dictatorial powers in Germany. The
government now had the power to make any legislation necessary, which would be
primary to the Constitution, for four years. With this authority, he would reset the
conditions of the act in order to stay in power.
The Jewish Question
Having obtained dictatorial powers over Germany, Hitler focused his attention on what he
would do about the Jews. His first step was to appoint Josef Goebbels as the Minister of
Public Enlightenment and Propaganda. His instructions, as recorded in his diary, were:
We shall only be able to combat the falsehoods abroad if we get at those who
originated them or at those Jews living in Germany who have thus far remained
unmolested. We must, therefore, proceed to a large-scale boycott of all Jewish
business in Germany. Perhaps the foreign Jews will think better of the matter when
their racial comrades in Germany begin to get it in the neck.(52)
Hitler also started the boycott committee by assigning Julius Streicher to work on it. The
boycott was initiated by spontaneous anti-Semitic acts by the SA and Nazi members
against Jewish-owned businesses. On March 11, 1933, Herman Göring said that
"I will ruthlessly set the police at work wherever harm is being done to the German
people. But I refuse to make the police the guardians of Jewish department stores"
(52).
The anti-Semitic violence dramatically increased throughout Germany on a daily basis and
brought worldwide criticism on the Germans. As a result, Hitler ordered Göring to take
care of things. On March 26, 1933, he held a meeting with the Jewish business leaders
where he directly ordered them to inform Jews throughout the world to cease spreading
stories of German atrocities toward Jews and demands to halt the boycott. Unwillingly, the
Jews conceded to the order. The main reason behind this decision was that their families'
lives as well as their own were at stake. The typical message from the Berlin Gemeinde
(Jewish community) was:
According to newspaper reports, atrocity and boycott propaganda against Germany
is continuing overseas, apparently in part also by Jewish organizations. As Germans
and Jews we must enter a decisive protest against this. The dissemination of untrue
reports can only bring harm, affecting the reputation of our German fatherland,
endangering the relations of the German Jews with their fellow citizens. Please try
urgently to see to it that every atrocity and boycott propaganda report is halted.(53)
On April 4, 1933, Goebbels ended the boycott with the declaration that it had been
successful in ending the "outrageous foreign propaganda" (54). In all, over 400 laws and
decrees were passed by the Third Reich, resulting in the destruction of the Jewish
population in Europe. On April 25, the government issued the Law Against the
Overcrowding of German Schools and Institutions of Higher Learning, causing the
reduction of the non-Aryan students attending schools. The National Press Law placed
newspapers and writers under state supervision. With these laws and decrees, the Nazis
accomplished the exclusion of Jews from public life, government, culture, and the
professions. Most adults had to prove their ancestry, especially civil workers, back to
three generations.

Two Jewish boys are humiliated in front of their schoolmates by their teacher. Photo from USHMM.
The Nazi party faced little opposition within Germany. Most intellectuals supported the
party, enhancing it with their prestige, or otherwise fled to other countries to avoid the
consequences. The SA was the only group to show their dissatisfaction with Hitler's
leadership. In 1934, Hitler moved against the SA and its leader, Ernst Röhm, his one-time
comrade. In June 30, the SS (Schutzstaffel-Defense Corps. Most sinister of Nazi
organizations). was responsible for a purge which killed over 200 SA men, including
Röhm.
In May 21, 1935, Hitler offered to conclude bilateral non-aggression pacts with all of
Germany's neighbors and solemnly assured the world that he wanted only peace. Boycotts
and terrorism against Jews resumed in March 1935. Then, suddenly, the SS and the party
called a halt. Frick even went so far as to draft an order disciplining citizens that acted
against the Jews. It was never issued.
The Nuremberg Laws
In 1935, the violence of the Nazi anti-Semitism was once again channeled into law. A
series of laws were unanimously adopted at the annual Congress at Nuremberg. These
laws, termed the "Nuremberg Laws," made anti-Semitism legal and enforced the
disenfranchisement of non-Aryan German subjects. Göring emphasized that the Nazis
would not allow interracial marriages in a campaign speech. The party encouraged pyre
marriages and oaths of political loyalty, both of which were required by law after 1933.
Euthanasia followed as a logical consequence to the Nazi goal of the purest people. In
September, Frick oversaw the drafting of the Law for the Protection of German Blood
and German Honor. It, and the later Reich Citizenship law, "protected" the true German
population from the taint of non-Aryan races. Reich citizenship was bestowed on either
those who were racially pure or politically subservient.
A Jew was anyone with at least three full Jewish grandparents. Also legally to be
regarded as a Jew was someone who had two full Jewish grandparents and who
belonged to the Jewish religious community when the law was promulgated
September 15, 1935, or who joined later, or who was married to a Jew then or later,
or (looking to the future) who was the offspring of a marriage contracted with a
Jew after September 15, 1935, or who was born out of wedlock after July 31, 1936,
the offspring of extramarital relations with a Jew. Anyone who was one-eighth or
one-sixteenth Jewish-with one Jewish great-grandparent or
great-great-grandparent-would be considered as of German blood.(58).
Unfortunately, what rights the people enjoyed were false. "There were no political parties,
no elections, no freedoms, no protections...unless the Reich citizen [supported the party
absolutely], he would more likely be cadaver than citizen." (68).
The laws enacted between 1933 and 1935 set the Jews (and other non-Aryans and
non-Germans) apart from the Germans legally, politically, socially, and economically. They
would lose all access to the law and become playthings for the secret police.

Germans pass in front of a Jewish business vandalized by Nazi mob. Photo from National Archives.
The Nazi party followed a program introduced as early as 1847 and outlined in Hitler's
Mein Kampf. By 1935, the Jews and non-Germans had been totally disenfranchised. The
Nuremberg laws foreshadowed the dark path towards which Hitler was leading Germany.
The Law for the Protection of German Blood and German Honor, he said, was "an
attempt to regulate by law a problem that, in the event of repeated failure, would have to
be transferred by law to the National Socialist Party for the Final Solution" (69). As the
Nuremberg laws went into effect, the Jews found themselves increasingly under the
jurisdiction of the state as well as of the SS.
Work Cited
Dawidowicz, Lucy S. The War Against the Jews 1933-1945. New York: Collier
Macmillan Publishers, 1986.
Works Consulted
Altshuler, David A. Hitler's War Against the Jews: A Young Reader's Version of the War
Against the Jews 1993-1945. New York: Behrman House, Inc. 1978.
Mendelson, John. The Holocaust: Selected Documents in Eighteen Volumes. New York:
Garland Publishing. 1982.
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