268:, the only Nazi in the cabinet who had a portfolio, added a clause that would allow the cabinet to take over the state governments if they failed to maintain order. Notably, the cabinet would have been allowed to do this on its own authority. Frick was well aware that the Interior portfolio had been given to the Nazis because it was almost powerless; unlike his counterparts in the rest of Europe, he had no power over the police. He saw a chance to extend his power over the states and thus begin the process of Nazifying the country.
405:
27:
436:(German states) not yet in the Nazis' grasp largely restricted themselves to banning the Communist press, Communist meetings and demonstrations, and detaining leading KPD officials. In Prussia, however, summary arrests of KPD leaders were common, thousands were imprisoned in the days following the fire, and the total number of arrests in Prussia on the basis of the Reichstag Fire Decree in the two weeks following 28 February is believed to be in the vicinity of 10,000. Göring had actually employed such tactics even
543:
571:
84:
830:
557:
485:
win 81 seats, it was an open secret that the KPD deputies would never be allowed to take their seats; they were thrown in jail as quickly as the police could track them down. Increasingly, the courts treated KPD membership as an act of treason. Thus, for all intents and purposes, the KPD was banned as of 6 March, the day after the election.
497:
would pass with over 85 percent of the deputies who were present and voting, far more than the two-thirds majority required in the constitution. As it turned out, the session took place in such an atmosphere of fear and intimidation that it would've most likely had the required majority even if all KPD and SPD deputies had been present.
484:
Despite the virulent rhetoric directed against the
Communists, the Nazis did not formally ban the KPD right away. Not only did they fear a violent uprising, but they hoped the KPD's presence on the ballot would siphon off votes from the Social Democratic Party (SPD). However, while the KPD managed to
467:
In keeping with the purpose and aim of the decree the additional measures … will be directed against the
Communists in the first instance, but then also against those who co-operate with the Communists and who support or encourage their criminal aims. … I would point out that any necessary measures
515:
In theory, Article 48 gave the
Reichstag the power to demand the cancellation of the measures taken to enforce the Reichstag Fire Decree. However, any realistic chance of it being cancelled ended in July; by this time the other parties had either been banned outright or intimidated into dissolving
496:
powers. Leaving nothing to chance, the Nazis did not even count the arrested KPD deputies for the purposes of determining a quorum. They also used the provisions of the
Reichstag Fire Decree to detain several SPD deputies while many others fled into exile. All of this ensured that the Enabling Act
462:
Göring issued a directive to the
Prussian police authorities on 3 March, stating that in addition to the constitutional rights stripped by the decree, "all other restraints on police action imposed by Reich and State law" were abolished "so far as this is necessary … to achieve the purpose of the
362:
Die
Artikel 114, 115, 117, 118, 123, 124 und 153 der Verfassung des Deutschen Reichs werden bis auf weiteres außer Kraft gesetzt. Es sind daher Beschränkungen der persönlichen Freiheit, des Rechts der freien Meinungsäußerung, einschließlich der Pressefreiheit, des Vereins- und Versammlungsrechts,
397:
of the
Constitution of the German Reich are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom , freedom of (opinion) expression, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and
519:
The
Reichstag Fire Decree remained in force for the duration of the Nazi era, allowing Hitler to rule under what amounted to martial law. Along with the Enabling Act, it formed the legal basis for Hitler's dictatorship. Thousands of Hitler's decrees, such as those which turned Germany into a
511:
argued that the
Enabling Act was legally invalid, in part because of the Reich Commissars' role in Nazifying the states. Evans argued that the states were "not properly constituted or represented" in the Reichsrat, and therefore that chamber's vote to pass the Enabling Act was "irregular."
158:, the decree was used as the legal basis for the imprisonment of anyone considered to be opponents of the Nazis, and to suppress publications not considered "friendly" to the Nazi cause. The decree is considered by historians as one of the key steps in the establishment of a
520:
one-party state, were explicitly based on its authority, and hence on
Article 48. This was a major reason Hitler never formally abolished the Weimar Constitution, though it no longer had any substantive value after the passage of the Enabling Act.
252:
without the consent of the Reichstag. It would have suspended most civil liberties under the pretence of preventing further Communist violence. There had already been discussions within the Cabinet about enacting such measures. Justice Minister
363:
Eingriffe in das Brief-, Post-, Telegraphen- und Fernsprechgeheimnis, Anordnungen von Haussuchungen und von Beschlagnahmen sowie Beschränkungen des Eigentums auch außerhalb der sonst hierfür bestimmten gesetzlichen Grenzen zulässig.
201:, Hitler was heard shouting through the fire "these sub-humans do not understand how the people stand at our side. In their mouse-holes, out of which they now want to come, of course they hear nothing of the cheering of the masses."
192:
chambers. While the exact circumstances of the fire remain unclear to this day, what is clear is that Hitler and his supporters capitalised quickly on the fire to consolidate their power. Hitler almost immediately blamed the
480:
Within two weeks of the Reichstag Fire Decree taking effect, Reich Commissars were sent out to take over the other states; the heavy-handed repression that was occurring in Prussia quickly spread to the rest of the Reich.
271:
At an emergency cabinet meeting, Hitler declared that the fire now made it a matter of "ruthless confrontation of the KPD"—a confrontation that could not be "made dependent on judicial considerations." Though
279:
objected to the clause giving the Reich cabinet the power to take over the state governments if necessary, the decree was approved. Shortly thereafter, President von Hindenburg signed the decree into law.
523:
The Nazis' use of the Reichstag Fire Decree to give their dictatorship the appearance of legality, combined with the broader misuse of Article 48, was fresh on the minds of framers of the postwar
177:
only four weeks previously, on 30 January 1933, when he was invited by President von Hindenburg to lead a coalition government. Hitler's government had urged von Hindenburg to dissolve the
398:
telephonic communications. Warrants for House searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
333:
The preamble and Article 1 of the Reichstag Fire Decree show the methods by which the civil rights enshrined in the Weimar Constitution were legally abolished by the Hitler Government:
426:
The decree was not accompanied by any written guidelines from the Reich government; this omission gave wide latitude in interpreting the decree to Nazis like Göring, who as
216:. Large-scale pillaging in Berlin was planned for as early as four o'clock in the morning on Tuesday. It has been determined that starting today throughout Germany acts of
524:
782:
208:
as an opening salvo in a communist uprising, capitalizing on the fear of communism commonly held across German society. The official account stated:
283:
The decree consisted of six articles. Article 1 indefinitely suspended most of the civil liberties set forth in the Weimar Constitution, including
883:
354:
paragraph 2 of the Constitution of the German Reich, the following is ordered in defense against Communist state-endangering acts of violence:
309:, as well as the protection of property and the home. Articles 2 and 3 allowed the Reich government to assume powers normally reserved for the
701:
660:
627:
129:
888:
174:
488:
Just over three weeks after the passage of the Reichstag Fire Decree, Hitler further tightened his grasp on Germany by the passage of the
48:
347:
Auf Grund des Artikels 48 Abs. 2 der Reichsverfassung wird zur Abwehr kommunistischer staatsgefährdender Gewaltakte folgendes verordnet:
893:
476:
parties can only be justified by the decree … if they serve to help the defense against such Communist activities in the widest sense.
868:
182:
803:
743:
229:
70:
258:
351:
719:
492:. This act gave Hitler's cabinet the power to decree laws without the approval of the Reichstag—effectively giving Hitler
873:
440:
the decree, only to have them thrown out by the courts—a check that no longer had any effect with the decree in place.
878:
178:
41:
35:
273:
194:
155:
838:
290:
197:(KPD) for causing the blaze, and believed the fire would result in increased support for the Nazis. According to
52:
863:
404:
687:
502:
306:
88:
325:
to public buildings. Article 6 simply stated that the decree took effect on the day of its proclamation.
228:
Within hours of the fire, dozens of Communists had been thrown into jail. The next day, officials in the
294:
136:
224:, against the lives and safety of the peaceful population, and general civil war was to be unleashed…
858:
489:
298:
205:
527:. They opted to significantly curb the powers of the president, to the point that they have little
394:
390:
386:
382:
378:
374:
370:
302:
245:
132:
443:
Among the German communists arrested on the basis of the Reichstag Fire Decree was KPD chairman
261:(DNVP), had actually brought a draft decree before the cabinet on the afternoon of 27 February.
799:
770:
739:
697:
656:
623:
473:
444:
432:
310:
233:
736:
The Hitler State: The foundation and development of the internal structure of the Third Reich
619:
898:
820:
778:
683:
508:
254:
221:
585:
576:
452:
276:
240:, the chief of the Prussian state police, proposed an emergency presidential decree under
159:
147:
118:
106:
792:
731:
591:
562:
237:
189:
143:
844:
570:
83:
852:
766:
693:
612:
448:
318:
285:
265:
249:
212:
The burning of the Reichstag was intended to be the signal for a bloody uprising and
652:
645:
456:
198:
162:
139:
516:
themselves, and the Nazi Party had been declared the only legal party in Germany.
264:
When the proposed decree was brought before the Reich Cabinet, Interior Minister
542:
493:
430:
interior minister was the commander of the largest police force in Germany. The
834:
829:
724:
548:
538:
314:
248:, which gave the president the power to take any measure necessary to protect
241:
188:
On the evening of 27 February 1933—six days before the parliamentary election—
469:
217:
213:
755:
16:
1933 decree in Nazi Germany that abolished key civil liberties for citizens
821:"Decree of the Reich President for the Protection of the People and State"
427:
126:
151:
97:) by the police authorities on the basis of the Reichstag fire decree
342:
Order of the Reich President for the Protection of People and State
115:
Decree of the Reich President for the Protection of People and State
414:
403:
322:
82:
341:
338:
339:
Verordnung des Reichspräsidenten zum Schutz von Volk und Staat
410:
Verordnung des Reichspräsidenten zum Schutz von Volk und Staat
123:
Verordnung des Reichspräsidenten zum Schutz von Volk und Staat
20:
825:
Full text of the Reichstag Fire Decree in English (from GHDI)
468:
against members or establishments of other than Communist,
335:
459:—were among those who escaped arrest and lived in exile.
236:, discussed ways to provide legal cover for the arrests.
220:
were to begin against prominent individuals, against
651:. New York, NY: Harcourt Brace Jovanovich. pp.
614:
Backing Hitler: Consent and Coercion in Nazi Germany
845:
https://ghdi.ghi-dc.org/docpage.cfm?docpage_id=4864
791:
754:
644:
611:
142:on 28 February 1933 in immediate response to the
257:, a member of the Nazis' coalition partner, the
93:s final issue, announcing its own prohibition (
738:. John W. Hiden (tr.). New York, NY: Longman.
317:penalties for certain offenses, including the
525:Basic Law for the Federal Republic of Germany
8:
408:
839:Full text of Reichstag Fire Decree (German)
837:has original text related to this article:
761:. New York, NY: Harcourt Brace Jovanovich.
71:Learn how and when to remove this message
34:This article includes a list of general
678:
676:
674:
672:
602:
146:. The decree nullified many of the key
798:. New York, NY: Simon & Schuster.
349:
346:
7:
794:The Rise and Fall of the Third Reich
777:. New York, NY: St. Martin’s Press.
463:decree." Göring went on to say that
204:The Nazis framed the burning of the
618:. Oxford University Press. p.
40:it lacks sufficient corresponding
14:
722:- Original German source text at
610:Robert Gellately (8 March 2001).
291:secrecy of the post and telephone
230:Prussian Ministry of the Interior
828:
569:
555:
541:
455:—later to be leaders in postwar
25:
313:. Articles 4 and 5 established
190:fire broke out in the Reichstag
289:, inviolability of residence,
259:German National People's Party
1:
884:Political and cultural purges
689:The Coming of the Third Reich
503:The Coming of the Third Reich
447:; while KPD founding members
154:in powerful positions in the
150:of German citizens. With the
113:) is the common name of the
889:Repealed German legislation
917:
894:Law of the Weimar Republic
775:The Hundred Days to Hitler
413:of 28 February 1933 (
368:
365:
361:
358:
195:Communist Party of Germany
173:Hitler had been appointed
869:Emergency laws in Germany
720:Reichstagsbrandverordnung
643:Fest, Joachim C. (1974).
307:right of free association
111:Reichstagsbrandverordnung
790:Shirer, William (1960).
55:more precise citations.
783:DD247.H5.M25 1974
753:Fest, Joachim (1974).
478:
418:
409:
226:
122:
110:
98:
89:Das Andere Deutschland
465:
407:
295:freedom of expression
210:
183:elections for 5 March
175:Chancellor of Germany
103:Reichstag Fire Decree
86:
490:Enabling Act of 1933
874:Law of Nazi Germany
246:Weimar Constitution
232:, which was led by
133:Paul von Hindenburg
879:Reichstag building
771:Fraenkel, Heinrich
507:British historian
419:
329:Text of the decree
206:Reichstag building
99:
703:978-0-14-100975-9
692:. New York City:
684:Evans, Richard J.
662:978-0-15-141650-9
629:978-0-19-160452-2
531:executive power.
474:Social Democratic
402:
401:
156:German government
135:on the advice of
81:
80:
73:
906:
832:
824:
809:
797:
786:
762:
760:
749:
708:
707:
680:
667:
666:
650:
640:
634:
633:
617:
607:
579:
574:
573:
565:
560:
559:
558:
551:
546:
545:
509:Richard J. Evans
412:
350:On the basis of
336:
222:private property
76:
69:
65:
62:
56:
51:this article by
42:inline citations
29:
28:
21:
916:
915:
909:
908:
907:
905:
904:
903:
864:1933 in Germany
849:
848:
819:
816:
806:
789:
765:
752:
746:
730:
716:
714:Further reading
711:
704:
682:
681:
670:
663:
642:
641:
637:
630:
609:
608:
604:
600:
586:Gleichschaltung
577:Politics portal
575:
568:
561:
556:
554:
547:
540:
537:
453:Walter Ulbricht
424:
331:
303:public assembly
301:, the right to
277:Franz von Papen
274:Vice Chancellor
171:
148:civil liberties
77:
66:
60:
57:
47:Please help to
46:
30:
26:
17:
12:
11:
5:
914:
913:
910:
902:
901:
896:
891:
886:
881:
876:
871:
866:
861:
851:
850:
842:
841:
826:
815:
814:External links
812:
811:
810:
804:
787:
767:Manvell, Roger
763:
750:
744:
732:Martin Broszat
728:
715:
712:
710:
709:
702:
668:
661:
635:
628:
601:
599:
596:
595:
594:
592:Rule by decree
589:
581:
580:
566:
563:Germany portal
552:
536:
533:
445:Ernst Thälmann
423:
420:
400:
399:
367:
364:
360:
356:
355:
348:
344:
343:
340:
330:
327:
311:federal states
238:Ludwig Grauert
234:Hermann Göring
170:
167:
144:Reichstag fire
79:
78:
33:
31:
24:
15:
13:
10:
9:
6:
4:
3:
2:
912:
911:
900:
897:
895:
892:
890:
887:
885:
882:
880:
877:
875:
872:
870:
867:
865:
862:
860:
857:
856:
854:
847:
846:
840:
836:
833: German
831:
827:
822:
818:
817:
813:
807:
805:0-671-62420-2
801:
796:
795:
788:
784:
780:
776:
772:
768:
764:
759:
758:
751:
747:
745:0-582-49200-9
741:
737:
733:
729:
727:
726:
721:
718:
717:
713:
705:
699:
695:
694:Penguin Press
691:
690:
685:
679:
677:
675:
673:
669:
664:
658:
654:
649:
648:
639:
636:
631:
625:
621:
616:
615:
606:
603:
597:
593:
590:
588:
587:
583:
582:
578:
572:
567:
564:
553:
550:
544:
539:
534:
532:
530:
526:
521:
517:
513:
510:
506:
504:
500:In his book,
498:
495:
491:
486:
482:
477:
475:
471:
464:
460:
458:
454:
450:
449:Wilhelm Pieck
446:
441:
439:
435:
434:
429:
421:
417:I p. 83)
416:
411:
406:
396:
392:
388:
384:
380:
376:
372:
357:
353:
345:
337:
334:
328:
326:
324:
320:
319:death penalty
316:
312:
308:
304:
300:
296:
292:
288:
287:
286:habeas corpus
281:
278:
275:
269:
267:
266:Wilhelm Frick
262:
260:
256:
255:Franz GĂĽrtner
251:
250:public safety
247:
243:
239:
235:
231:
225:
223:
219:
215:
209:
207:
202:
200:
196:
191:
186:
184:
180:
176:
168:
166:
164:
161:
157:
153:
149:
145:
141:
138:
134:
131:
128:
124:
120:
116:
112:
108:
104:
96:
92:
90:
85:
75:
72:
64:
61:February 2011
54:
50:
44:
43:
37:
32:
23:
22:
19:
843:
793:
774:
756:
735:
723:
688:
646:
638:
613:
605:
584:
528:
522:
518:
514:
501:
499:
487:
483:
479:
466:
461:
457:East Germany
442:
437:
431:
425:
332:
284:
282:
270:
263:
227:
211:
203:
199:Rudolf Diels
187:
181:and to call
172:
165:in Germany.
140:Adolf Hitler
125:) issued by
114:
102:
100:
94:
87:
67:
58:
39:
18:
859:1933 in law
494:dictatorial
297:and of the
53:introducing
853:Categories
835:Wikisource
725:Wikisource
598:References
549:Law portal
366:§ 1.
359:§ 1.
352:Article 48
305:, and the
242:Article 48
169:Background
163:Nazi state
137:Chancellor
36:references
470:anarchist
369:Articles
315:draconian
218:terrorism
214:civil war
179:Reichstag
160:one-party
130:President
773:(1974).
734:(1981).
686:(2003).
535:See also
529:de facto
428:Prussian
899:Decrees
422:Effects
244:of the
49:improve
802:
781:
757:Hitler
742:
700:
659:
647:Hitler
626:
438:before
433:Länder
127:German
119:German
107:German
95:Verbot
38:, but
415:RGBl.
323:arson
299:press
152:Nazis
800:ISBN
740:ISBN
698:ISBN
657:ISBN
624:ISBN
451:and
393:and
321:for
101:The
779:LCC
653:397
472:or
395:153
391:124
387:123
383:118
379:117
375:115
371:114
855::
769:;
696:.
671:^
655:.
622:.
620:18
389:,
385:,
381:,
377:,
373:,
293:,
185:.
121::
109::
823:.
808:.
785:.
748:.
706:.
665:.
632:.
505:,
117:(
105:(
91:'
74:)
68:(
63:)
59:(
45:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
