2. After becoming Chancellor on
30 January 1933, Hitler’s
control of the Cabinet was
weak, with only three Nazis
being included (Hitler, Goring
and Frick).
Hitler worried about his
limited influence and so
persuaded Hindenburg to call
new Reichstag elections for
March 1933.
3. On 27 February 1933, the
Reichstag building was
destroyed as a result of arson.
The Dutch Communist
Marinus van der Lubbe was
accused of the crime (which
most historians now accept).
Some people did however
believe that the Nazis were
responsible for the crime.
4. The Nazis exploited the fire to
extend their control, in spite
of some people believing they
were actually responsible.
The following day (28
February 1933), President
Hindenburg used Article 48
to issue the February Decree
(sometimes also called the
Reichstag Fire Decree).
5. The February Decree gave
Hitler sweeping powers,
including:
• Crackdown on the KPD,
including arrests
• Restrict powers of the press
• Let secret police arrest and
detain people indefinitely
• Suspend personal freedoms
6. Order of the Reich President for the Protection of People and State
On the basis of Article 48 paragraph 2 of the Constitution of the German Reich,
the following is ordered in defence against Communist state-endangering acts of
violence:
Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German
Reich are suspended until further notice. It is therefore permissible to restrict
the rights of personal freedom [habeas corpus], freedom of (opinion)
expression, including the freedom of the press, the freedom to organize and
assemble, the privacy of postal, telegraphic and telephonic communications.
Warrants for House searches, orders for confiscations as well as restrictions on
property, are also permissible beyond the legal limits otherwise prescribed.
7. The Nazis used their new
powers to undermine
opposition. Several members of
the KPD were arrested.
In addition, members of the
SPD were also targeted and
many fled the country –
including the entire party
leadership going to Prague - to
prevent their arrest.
8. The Nazis also sought to
influence the public in other
ways. Mass advert campaigns
urged the public to vote
“against Marxism”.
In addition, to intimidate
voters, the Nazis used
members of the SA and SS as
election officials on the day of
the election, including
counting votes.
9. One week after the Fire, on 5
March 1933, the Reichstag
elections were held.
The Nazis achieved their
highest ever vote – 44% -
although this was significantly
less than they had expected.
The Nazis needed the support
of the DNVP (with 8% of the
vote) to gain a majority.
10. Now that the Nazis had power
(albeit needing another party’s
support), they set about taking
full control.
The KPD was banned the day
after the election. Also, a new
Ministry of Propaganda was
set up, and Joseph Goebbels
was given full control of all
media in Germany.
11. 24 March 1933 saw the passing
of the Enabling Act, giving the
Nazis complete control.
The SPD hoped to defeat the law
simply by not attending, as at
least 66% of deputies had to be
present. However the Nazis
changed the rules to stop this.
Many SPD deputies could not
attend to vote as they feared for
their life.
12. The Enabling Act was passed
by the Reichstag (working out
of the Kroll Opera House) by
441 votes to 94. The SPD were
the only party to oppose it, as
the KPD were banned.
The Nazis still needed the votes
of the Catholic Centre Party to
get the two-thirds majority
required to pass the law.
13. The Act let the Cabinet (Hitler):
• Pass decrees without the
President’s agreement
• Any laws passed did not
have to comply with the
Constitution
The Nazis used their power to
crush opposition. 100,000
opponents were arrested by
the end of 1933.
14. The Nazis used their new
powers in other ways too.
In July 1933, a law was passed
banning any new political
parties. As all parties were
either banned (KPD and SPD)
or had been dissolved, this
meant no opposition.
In November 1933, the Nazis
won 92% of Reichstag votes.
15. Historians’ views
• Michael Burleigh: The Nazis used the Reichstag fire to their
advantage to abolish constitutional rights. This was based on a
fiction as there was no evidence of a Communist conspiracy.
• William Carr: The Reichstag Fire occurred at the right time for
the Nazis, helping them stop a possible Communist uprising.
• Jeremy Noakes: The Enabling Act emasculated the Reichstag
and freed the Reich ministries from parliamentary control.
• Peter Fritzsvhe: The February Decrees destroyed civil rights.
