Reichstag Fire, March Elections and the Enabling Act

Contrary to the hopes of Germany’s political elite, appointing Hitler as chancellor only served to increase his power. He worked tirelessly in favour of his own political agenda and stonewalled those of other parties, leading to a stalemate which he then used to his own advantage again. Because no laws were able to be passed and the government was completely useless — which, of course, was Hitler’s deliberate doing — he petitioned Hindenburg, Germany’s president, to dissolve the Reichstag (the equivalent of the UK parliament).

Elections were scheduled for early March, but an opportunity came earlier when, on the 27th February, the Reichstag building was set on fire. Nazis immediately jumped to blame left-wing extremists, an endeavour aided by the discovery of Marinus van der Lubbe, a Dutch communist, in incriminating circumstances at the site of the fire. We don’t know for sure who actually set the fire: most historians concur that Lubbe was the arsonist, but a select few hold the Nazi Party itself responsible.

Either way, the situation was heavily exploited. Hitler persuaded Hindenburg to respond with the Reichstag Fire Decree on the 28th February. This decree suspended basic human rights, and allowed for detention without trial — perfectly legal under Article 48 of the Weimar Constitution which gave the President emergency powers to protect and defend public safety. No doubt encouraged by Hitler’s power over the politics of Germany’s interior and police force, around 4,000 Communist Party members were arrested, and their political activities were heavily suppressed.

In the days leading up to the March election, Nazi propaganda was increased, as was their violence, and they managed to accrue around 43% of the vote. For the first time, they were the largest political party in the German Parliament, though their failure to secure a majority led to another coalition.

They managed to find a way around this deficit in power by proposing the Enabling Act, legally titled ‘Law to Remedy the Distress of the People and the Reich’. This Act allowed Hitler’s cabinet to pass laws without the consent of the Reichstag for four years, even if they violated the constitution. It required a 2/3 majority, and in order to ensure their win, they arrested the remaining Communist politicians under the Reichstag Fire Decree and prevented several other political opponents from attending the vote.

Beyond this, they used voter intimidation, assisted by the fearsome SA troops and assured the third-largest party, the Centre Party, that Hindenburg would retain his veto power. The Act passed 441–81, with all parties supporting it excepting the Social Democrats.

Hitler was successfully able to exploit German suffering, fear of Communism, and the incredibly turbulent nature of the political scene at the time in order to assign himself more power. The Enabling Act made Germany a ‘de facto legal dictatorship’, meaning that the dictatorship was legal because of the circumstances in the German political scene at the time.

It was not supported by the entirety of Germany and the Act had encouraged spirited opposition and protests, but ultimately Hitler had got his wish, and now had ultimate control over the country.