If public security and order are seriously disturbed or endangered within the German Reich, the President of the Reich may take measures necessary for their restoration, intervening if need be with the assistance of the armed forces. This provision includes all laws referred to by Article 85 Paragraph 2 and Article 87 of the nation’s Constitution. [citation needed]. The Enabling Act (German: Ermächtigungsgesetz) of 1933, formally titled Gesetz zur Behebung der Not von Volk und Reich ("Law to Remedy the Distress of People and Reich"), was a law that gave the German Cabinet—in effect, the Chancellor—the power to enact laws without the involvement of the Reichstag, and to override fundamental aspects of the Weimar Constitution. Article 48 required the President to inform the Reichstag immediately of the issuance of the emergency decree and gave the Reichstag the power to nullify the emergency decree by simple majority action. Indeed, the German Constitution gave women the right to vote a year before the United States passed similar legislation. [11] When Hindenburg gave his authority and issued the decree, the Reichstag repudiated the decree, by a small majority[12] on 18 July 1930. President Friedrich Ebert used Article 48 sixty-three times in 1923–24 alone to deal with critical economic dangers facing Germany. Deputies from the Nazi Party, the German National People’s Party, and the Centre Party voted in favour of the act, which “enabled” Hitler’s government to issue decrees In December 1918, these legal experts, under the control of Interior State Secretary Hugo Preuss, began to draft the founding document of the Weimar Republic. On the night of February 27, the Reichstag building was destroyed by fire. The intent was to offer an opportunity for a strong executive leader to take decisive action in times of crisis without navigating what could be a slower legislative process. [citation needed], On 30 January 1933, Adolf Hitler was named Chancellor. McElligott notes that Brüning had used Article 48 to break the gridlock of parliamentary interests while Papen used it to abolish parliament altogether. It also became a difficult habit to break. The decision to dissolve parliament was, in Kershaw's phrase, one of "breathtaking irresponsibility." Also, to prevent a government from being forced to rely on decrees to carry on normal business, they stipulated that a chancellor may only be removed from office via a constructive vote of no confidence. Die Maßnahmen sind auf Verlangen des Reichspräsidenten oder des Reichstags außer Kraft zu setzen. It gave Hitler a base from which to carry out the first steps of his National Socialist revolution. These measures are to be revoked on the demand of the Reichstag. Lacking a majority in the Reichstag, Hitler formed a coalition with the national conservative German National People's Party (German: Deutschnationale Volkspartei, DNVP). In addition, it provided the foundation for a welfare state which took previous forms of social and economic support, first introduced by Chancellor Otto von Bismarck in the Imperial era, and now identified them as rights. Verordnung des Reichspräsidenten zum Schutz von Volk und Staat, Basic Law for the Federal Republic of Germany, https://en.wikipedia.org/w/index.php?title=Article_48_(Weimar_Constitution)&oldid=982071756, All Wikipedia articles written in American English, Articles with unsourced statements from March 2011, Articles with unsourced statements from February 2019, Creative Commons Attribution-ShareAlike License. The misuse of Article 48 was fresh in the minds of the framers of the Basic Law for the Federal Republic of Germany. Updates? Due to the use of Article 48, this repression had the mark of legality. The Weimar Constitution established three central political forces. We would like to thank The Crown and Goodman Family and the Abe and Ida Cooper Foundation for supporting the ongoing Preuss happened to be Jewish, leading antisemites and far-right sympathizers to condemn Weimar as the “Jews' Republic.”. Die Maßnahmen sind auf Verlangen des Reichstags außer Kraft zu setzen. 73–75; Collier, p. 167). [8], Article 48 was used by President Paul von Hindenburg in 1930 to deal with the economic crisis of the time. Constitutional restrictions on searches and confiscation of property were likewise suspended. Thousands of his decrees were based explicitly on the Reichstag Fire Decree, and hence on Article 48, allowing Hitler to rule under what amounted to martial law. If danger is imminent, a State government may, for its own territory, take temporary measures as provided in Paragraph 2. This was a major reason why Hitler never formally repealed the Weimar Constitution, though it had effectively been rendered a dead letter with the passage of the Enabling Act. According to Maehl (p 168), the Chancellor "foolishly" dissolved the Reichstag as a result of the financial imbroglio. Preuss and many of the drafters sought to remedy the ills of the authoritarian imperial system and adopt a system more similar to the United States and Britain. Nonetheless, the Nazis were able to maneuver on 23 March 1933 the passage of the Enabling Act by the required two-thirds parliamentary majority, effectively abrogating the authority of the Reichstag and placing its authority in the hands of the Cabinet (in effect, the Chancellor). During spring and summer 1930, Chancellor Heinrich Brüning[9] found his government unable to obtain a parliamentary majority for its financial reform bill, which was voted down by the Reichstag,[10] but the government did not seriously try to negotiate with the Parliament to find a modus vivendi.
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