Consolidation and maintenance: Hitler's legal methods Notes

Emergency Decrees and Initial Legal Measures (1933)

1. Following the Reichstag Fire on 27 February 1933, Hitler persuaded President Hindenburg to issue the Reichstag Fire Decree (28 February 1933), suspending freedoms of speech, press, assembly, and privacy, and allowing detention without trial.
2. The decree enabled the arrest of thousands of KPD members and the closure of their newspapers, removing a major political rival before the March elections.
3. In the March 1933 elections, the Nazis still failed to secure an outright majority, but combined with the DNVP’s 8% of the vote to form a majority coalition.
4. The Enabling Act (23 March 1933) was passed after intimidation of SPD deputies and exclusion of KPD members, granting Hitler the power to enact laws without Reichstag approval for four years.
5. This Act effectively dismantled parliamentary democracy and became the legal foundation for Nazi dictatorship.
6. Hitler framed these measures as emergency responses to communist threats, masking their real purpose of consolidating total control.

Gleichschaltung: Coordinating Institutions

1. From April 1933, the Law for the Restoration of the Professional Civil Service purged Jews and political opponents from civil service roles, judiciary, diplomacy, and education, replacing them with loyal Nazis or “March Violets” seeking advancement.
2. State governments were stripped of autonomy through the Law for the Coordination of the States with the Reich (31 March 1933), placing Nazi Reich Governors in charge.
3. By May 1933, trade unions were dissolved and replaced with the Nazi German Labour Front (DAF), ending the right to strike or collectively bargain.
4. The Law Against the Formation of New Parties (14 July 1933) made the NSDAP the only legal political party in Germany.
5. The Concordat with the Vatican (20 July 1933) secured Catholic Church neutrality in exchange for guarantees over religious practice, undermining potential Catholic opposition.
6. Professional associations and cultural organisations were “coordinated” to align with Nazi ideology, ensuring there were no autonomous centres of influence left.

Legal Justification for Political Violence

1. The Night of the Long Knives (30 June – 2 July 1934) saw the purge of the SA leadership, including Ernst Röhm, and other political opponents like Kurt von Schleicher, removing threats to Hitler’s control.
2. The purge was retroactively legalised by the Law Relating to National Emergency Defence Measures (3 July 1934), which declared the killings necessary for state security.
3. This legal endorsement reinforced the principle that Nazi law was an expression of Hitler’s will, not an impartial justice system.
4. The purge reassured the army leadership and big business, securing their support for the regime.
5. It also eliminated the more radical elements in the party, consolidating the Führerprinzip within the NSDAP.