Sunday, July 21, 2013

Appointed by Democracy: Hitler’s Legal Rise to Power

Growing up Adolf Hitler, according to multiple sources, was a not a brilliant student. He had no formal, university-level education and his greatest written work Mein Kampf was a work of fiction. Given these circumstances it seems unlikely that he Hitler would become the most popular response to the question of “which individual dominated the past millennium” (Bergen, 51). The vast majority of people would label Hitler as a brutal, sadistic and evil tyrant, whose corrupted morals lead to the deaths of millions of people during the twelve years he was in power. Such a description would suggest that his actions were illegal, that he acted outside the authority of his government; however assuming this to be true, would mean accepting falsehoods as truth. While Hitler’s actions are morally objectionable to most people, according to the German constitution adopted after World War I, Hitler’s rise to power in the early-to-mid 1930’s was legal.
Article 48 of the German constitution allows for the president of the country to rule by decree during a state of emergency (Bergen, 49). In 1930 the chancellor, Heninrich Bruning, convinced the president, Paul von Hindenburg, to invoke Article 48 and rule without the approval of the Reichstag, or parliament (Bergen, 49). After a third election in November 1932 when the Nazis failed to gain widespread support in the Reichstag, von Hindenburg was convinced to appoint Hitler as chancellor of Germany; Hitler was officially sworn into this office on January 30, 1933 (Bergen, 50).

 Although political scheming and bargaining played roles in Hitler’s appointment, he was ultimately appointed to his post as chancellor by legal means. Later when Hitler merged the offices of the president and chancellor, he did so while the legislative branch of the government was in operation, having convinced that governing body to pass the Enabling Act of 23 March 1933; this act allowed Hitler to put into law “any measure without approval by the Reichstag (Bergen, 53). This essentially meant that as of March 23, 1933, Hitler was acting alone despite the continued standing of the parliament; Hitler was able within one month of appointment to effectively overthrow the democratic government of Germany and he did it with that same government’s approval. Unless members of the Reichstag were willing to stand up to Hitler and the Nazis (the Social Democrats seemed to be the only party willing to do so (Bergen, 54)), there was no one to stop him: “Hitler’s political revolution was not without violence, but he established his dictatorship through means that were, at least in a narrow sense of the word, legal” (Bergen, 54). 
                       
Adolf Hitler was a dictator but according to author Doris L. Bergen, he also placed great value in public opinion; he often acted according to his own beliefs but not after he gained substantial support from the public. Anti-Semitism was something which had existed in Germany for hundreds of years and provided the basis for Hitler’s hatred of Jews. The humiliation Germans felt at the signing of the Treaty of Versailles in 1919, spurred a desire to re-arm; Hitler’s leadership during years of economic depression also lead to members of the public supporting him. Hitler would often “test the waters” as it were, before enacting his “reforms” in their entirety (Bergen, 54).


The series of laws which provided the foundation for Hitler’s actions against Jews and many other minority/ fringe groups within Germany society were the Nuremberg Laws. The Nuremberg Laws were passed in the fall of 1933 and took the form of two laws: the Law for the Protection of German Blood and Honor, and the Reich Citizenship Law; the first law defined the limits of interaction between Aryans and Jews, while the second defined who was considered to be a Jew by the government (Bergen, 71). Again these laws as morally ambiguous as they seem were proposed and adopted “legally”; Hitler was a dictator but he was also shrewd and realized that in order for his goals to be realized he needed the legal backing and also the support of the populace. Once again these laws would provide the foundation for later legislation which enabled Hitler to enact his “Final Solution” during the Holocaust.

Source: Bergen, Doris. War and Genocide: A Concise History of the Holocaust. Lanham: Rowman and Littlefield Publisher Inc., 2009.

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