Enabling Act of 1933

In January 1933, Adolf Hitler, leader of the Nazi Party, was appointed as chancellor, the head of the German government.^[2] On 27 February, the German parliament building – the Reichstag – caught fire.^[3] 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.^[4] 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.^[5] 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.^[6] 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.^[7]


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,^[8] 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. Contrary to popular belief, Hitler did not win an outright majority in the Reichstag as the majority of Germans did not vote for the Nazi Party.^[9] The election was a setback for the Nazis; however, it was insufficient in stopping the ratification of the Enabling Act. In order to guarantee its passage, the Nazis implemented a strategy of coercion, bribery, and manipulation. Hitler removed any remaining political obstacles so his coalition of conservatives, nationalists, and Nazis could begin building the Nazi dictatorship. The conservative elite, which included the vice-chancellor Franz von Papen, having miscalculated the true intention of the Nazis to monopolize state power, would soon be marginalized by the Nazi regime.^[10][11] By mid-March, the government began sending communists, labor union leaders, and other political dissidents to Dachau, the first Nazi concentration camp.^[12]


Once the Enabling Act was introduced, it was hastily passed by the Reichstag and Reichsrat on 23 March 1933.^[13][14][15] Later that day, the Enabling Act was signed into law by President Paul von Hindenburg.^[16] Unless extended by the Reichstag, the act would expire after four years. With the Enabling Act now in force, the cabinet (in practice, the chancellor) could pass and enforce laws without any objection. The combined effect of the Enabling Act and the Reichstag Fire Decree transformed Hitler's government into a legal dictatorship and laid the groundwork for his totalitarian regime. By July, the NSDAP was the only legally permitted party in Germany. The Reichstag from 1933 onward effectively became the rubber stamp parliament that Hitler had desired.^[17] The Enabling Act was renewed twice, but was rendered moot when Nazi Germany surrendered to the Allies in 1945, and repealed by a law passed by the occupying powers in September of that year.


The passing of the Enabling Act is significant in German and world history as it marked the formal transition from the democratic Weimar Republic to the totalitarian Nazi dictatorship. From 1933 onward, Hitler continued to consolidate and centralize power via purges and propaganda. In 1934, Hitler and Heinrich Himmler began removing non-Nazi officials together with Hitler's rivals within the Nazi Party, culminating in the Night of the Long Knives. Once the purges of the Nazi Party and German government concluded, Hitler had total control over Germany. Armed with the Enabling Act, Hitler could begin German rearmament and achieve his aggressive foreign policy aims which ultimately resulted in the Second World War.