Reichstag Fire Decree

The Decree of the Reich President for the Protection of People and State February 28, 1933 ( Reich Law Gazette I, p 83), also known as the Reichstag Fire Decree, put the civil rights of the Weimar constitution and was adjacent to the Decree of the Reich President for the Protection of the German people from the February 4, 1933 and the Enabling Act of March 24, 1933, an important milestone in the "seizure of power " Adolf Hitler and the elimination of the democratic rule of law. For the preaching of the Reichstag fire the night before, was initiated.

Content

The far-reaching regulation was enacted as emergency decree of Paul von Hindenburg in accordance with Article 48 ( emergency ) of the Weimar Constitution. According input sentence she served allegedly " to ward off communist subversive acts of violence ".

Restrictions of personal freedom, the freedom of expression, including freedom of the press, of assembly and association law, intervention in the letter, postal, telegraphic and telephonic communications, arrangements of house searches and seizures as well as restrictions on property outside of this otherwise certain legal limits have been declared legal. The " Reichstag Fire Decree " provided the legal basis for an initial wave of arrests of opposing candidates for the forthcoming general election and henceforth for interventions of the type described against all persons and entities whose existence or activity the intended transformation of Germany in the Nazi sense, really or allegedly prevent or hinder could.

The second part of the Regulation gave the Empire the right to intervene in the government of the country. It formed the basis for the co-ordination and centralization of the entire state structure of the German Empire in the aftermath, as he put any federal reserved rights in its entirety for grabs.

The order issued by President von Hindenburg regulation was signed by Chancellor Adolf Hitler, Reich Minister of the Interior Frick and Reich Minister of Justice Dr. Gurtner.

The constitutionally dubious regulation paved the way of the Weimar Republic to the totalitarian dictatorship.

The date of adoption (28 February 1933) was as Shrove Tuesday in parts of the German Empire one days reduced political attention. Five days later, the Reichstag election was held under the terms of the Reichstag Fire Decree of 5 March 1933.

Prehistory

Kurt von Schleicher, Hitler's predecessor as Chancellor, threatened in a broadcast speech on December 15, 1932, the Communist Party " sharp " with the adoption of a Regulation:

" [ ... ] The need for economic calming elimination of all intentional interference has unfortunately done in the past a large number of exceptions necessary. I frankly confess that I think it would be disastrous if we in the long run could not get along without these sharp regulations in Germany. I have therefore asked the Reich President to take the undoubtedly occurred reassurance as an opportunity to set aside for these exceptions to finally return to normal legal relationships. The Reich President wants this proposal correspond in reliance on the good sense of the law-abiding population, but it expressed that he would not hesitate to adopt a sharp Regulation for the Protection of the German people, if he sees himself deceived in his expectations. The professional troublemakers, as well as some tantalizing, the atmosphere poisonous press, I may bring in this context a warning note that such a regulation is done in the drawer and in fact in its completeness is an excellent work. I hope that their use will be no more necessary, as the use of the Reichswehr. But I would not be in doubt that the Imperial Government will not shy against the Communist Party before draconian exception rules, if they should abuse the loosening of the reins to increased incitement of the population and the subversive communist movement. [ ... ] "

In this tradition, the Reich President Paul von Hindenburg issued on February 4, 1933 and countersigned by Chancellor Hitler, Minister of the Interior Frick, and Minister of Justice Gürtner Decree of the Reich President is to protect the German people, therefore also called drawer regulation which severely restricted freedom of assembly and freedom of the press been. The Reichstag Fire Decree, however, went far beyond the plans Schleicher.

The text of the Regulation followed the already developed at the beginning of the Weimar Republic pattern of emergency decrees of the Reich President for the state of emergency, which again came to the application later, last, but now already at the mere pretext of error of law and order, on the occasion of Prussia shock on July 20, 1932. significant revision of the Reichstag fire Decree, however, was that now the violence has not been transferred to the military, but stayed with the Reich Government or her what country responsibilities were concerned, was also transferred.

Legal Evaluation

In 1941 called Ernst Fraenkel in his book The dual state the " Reichstag Fire Decree " as the " Bill of Rights of the Third Reich ", as it was in place of the suspended constitution on the legal basis of the Nazi regime. They founded together with the Enabling Act permanent civilian state of emergency and so that those uncontrolled abundance of power, with all subsequent government measures were an apparent legitimacy.

According to the article 48 of the Weimar Constitution, the following principles were in the arrangement and implementation of emergency regulations to be observed:

Whether the application of Regulation February 28, 1933 met these requirements is debatable:

Thus the Nazis their rule could give an apparent legality.

Application

The regulation was first used in the fight against the Communists as legitimate, as it suggested her opening statement: "On the basis of Article 48 paragraph 2 of the Constitution is to defend against Communist state -endangering acts of violence following prescribed ". But in the regulation itself any restriction on the sphere was mentioned on Communists, the scope could be extended, and thus the entire German people lost all fundamental rights mentioned above.