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108-830: The separation of Danzig from the German Reich as a "Free City" without a vote led to the need to draft a constitution. In the Constitution of the Free City of Danzig, articles 25 to 42 detailed and regulated the role of the Senate. The Senate consisted of 7 full-time senators (including the President of the Senate, who was the chairman, and the Deputy President, the Vice Chairman) and 13 honorary senators. The full-time senators were elected from

216-581: A "reinvigorated" third one. Subsequently the Nazi regime was (unofficially) called the " Third Reich "; this usage was sometimes contemporaneous, but mostly retrospective and applied by non-Germans. Following the Anschluss annexation of Austria in 1938, Nazi Germany informally named itself the Greater German Reich ( German : Großdeutsches Reich ). This name was made the official state name only during

324-509: A bourgeois senate failed. Sahm suffered another setback in a vote to amend the constitution, in which the DNVP succeeded in reducing the number of seats in the Volkstag from 120 to 72. This Senate remained in office until January 9, 1931. In the fourth Volkstag election on November 16, 1930, neither the left or the bourgeois parties had received majorities. The NSDAP , which had received 12 seats, tipped

432-580: A completely new constitution whereas Stalin did so. Technically the Weimar Constitution of 1919 remained in effect even after the Enabling Act, only losing force in 1945 when Germany surrendered at the end of World War II and ceased to be a sovereign state . The Enabling Act allowed the National Ministry (essentially the cabinet) to enact legislation, including laws deviating from or altering

540-484: A proposal to the Reichstag that if passed would immediately grant all legislative powers to the cabinet, and by extension Hitler. This would in effect allow Hitler's government to act without regard to the constitution. Despite outlawing the communists and repressing other opponents, the passage of the Enabling Act was not a certainty. Hitler allied with other nationalist and conservative factions, and they steamrolled over

648-470: A senate under prominent Danzig Nazi Hermann Rauschning was elected, with only Nazis aside from two Zentrum senators. The Volkstag voted to adopt the Enabling Act , allowing the Senate to use emergency decrees without the approval of the Volkstag. Arthur Greiser was made Senate President (Senatspräsident) in 1935–1939. As Senate President of Danzig, he was a rival to Albert Forster , his nominal superior in

756-481: A speech, voicing his party's support for the bill amid "concerns put aside", while Brüning notably remained silent. Only SPD chairman Otto Wels spoke against the Act, declaring that the proposed bill could not "destroy ideas which are eternal and indestructible." Kaas had still not received the written constitutional guarantees he had negotiated, but with the assurance it was being "typed up", voting began. Kaas never received

864-580: A whole." After 1973, however, the claimed identity of the Federal Republic with the German Reich was not recognised by most other countries of the world. The Soviet Union, the three Western allies, and most other Western countries regarded the German Reich as still being one nation—not synonymous with either the West or East German state but rather the two states in collective. Other countries tended to regard

972-564: The Allies in 1945, and was repealed by a law passed by the occupying powers in September of that year. After being appointed Chancellor of Germany on 30 January 1933, Hitler asked President von Hindenburg to dissolve the Reichstag . A general election was scheduled for 5 March 1933. A secret meeting was held between Hitler and 20 to 25 industrialists at the official residence of Hermann Göring in

1080-559: The Bundestag by the constitutionally required two-thirds majorities; effecting on the one hand, the extinction of the GDR, and on the other, the agreed amendments to the Basic Law of the Federal Republic. Hence, although the GDR had nominally declared its accession to the Federal Republic under Article 23 of the Basic Law, this did not imply its acceptance of the Basic Law as it then stood; but rather of

1188-545: The Centre Party members' votes, he would get the necessary two-thirds majority. Hitler negotiated with the Centre Party's chairman, Ludwig Kaas , a Catholic priest, finalizing an agreement by 22 March. Kaas agreed to support the Act in exchange for assurances of the Centre Party's continued existence, the protection of Catholics' civil and religious liberties, religious schools and the retention of civil servants affiliated with

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1296-650: The Flensburg Government he had formed. On 5 June 1945, the Allies signed the Berlin Declaration concerning the defeat of Germany and the assumption of supreme authority over Germany, by which they established the Allied Control Council and assumed supreme authority over German territory. The Federal Republic of Germany asserted, following its establishment on 23 May 1949, that within its boundaries it

1404-570: The German Confederation , especially by the Prussian aristocracy and the King of Prussia himself, which opposed German nationalism , as then was associated with the idea of popular sovereignty . A 1923 book entitled Das Dritte Reich by Arthur Moeller van den Bruck counted the medieval Holy Roman Empire as the first, and the 1871–1918 monarchy as the second, which was then to be followed by

1512-620: The German question after the Austro-Prussian War of 1866, realised with the support of his national liberal allies. On the other hand, the German Reich of 1871 comprised extended Prussian territories with large non-German sections of the population, like Posen , West Prussia or Schleswig , and also territories with predominantly German populations which had never been constitutionally "German" (Holy Roman), such as East Prussia . Bismarck

1620-563: The Imperial German Navy underwent a rapid expansion concurrently to protect these new colonies. At the same time strong Pan-Germanic political forces emerged, pressing for the borders of the Reich to be extended into a multiethnic German-led Central European empire, emulating and rivalling Imperial Russia to the east. Before and during the events of World War I , the German state

1728-683: The Nazi Party ( Gauleiter of the city) since 1930. Greiser was part of the SS empire whilst Forster was closely aligned with the Nazi Party Mandarins Rudolf Hess and later Martin Bormann . On 23 August 1939 Albert Forster replaced Greiser as Danzig's head of state. German Reich German Reich ( lit.   ' German Empire, German Realm ' from German : Deutsches Reich , pronounced [ˌdɔʏtʃəs ˈʁaɪç] )

1836-470: The Nazi Party , was appointed as chancellor, the head of the German government. On 27 February, the German parliament building – the Reichstag – caught fire . Acting as chancellor, Hitler immediately accused the Communists of being the perpetrators of the fire and claimed the arson was part of a larger effort to overthrow the German government. Using this justification, Hitler persuaded Hindenburg to enact

1944-588: The Reichstag Fire Decree . The decree abolished most civil liberties, including the right to speak, assemble, protest, and due process. Using the decree, the Nazis declared a state of emergency and began a violent crackdown against their political enemies. As Hitler cleared the political arena of anyone willing to challenge him, he contended that the decree was insufficient and required sweeping policies that would safeguard his emerging dictatorship. Hitler submitted

2052-762: The Republic of Poland and the Soviet Union . In 1973, in a review of the previous year's Basic Treaty between East and West Germany , the German Federal Constitutional Court ( Bundesverfassungsgericht ) ruled that according to the Basic Law of the Federal Republic of Germany the German Reich had outlasted the collapse in 1945, and hence had continued to exist as an “overall state”, albeit one not itself capable of action. The court ruled that since 1949

2160-594: The Social Democrats in the 5 March 1933 German federal election . Germans voted in an atmosphere of extreme voter intimidation perpetrated by the Nazi Sturmabteilung (SA) militia. Contrary to popular belief, Hitler did not win an outright majority in the Reichstag as the majority of Germans did not vote for the Nazi Party. The election was a setback for the Nazis; however, it was insufficient in stopping

2268-657: The Surrender of Germany in World War II. Article 9 of the German Constitution , enacted in 1949, allows for social groups to be labeled verfassungsfeindlich ("hostile to the constitution") and to be proscribed by the federal government. Political parties can be labeled enemies to the constitution only by the Bundesverfassungsgericht ( Federal Constitutional Court ), according to Art. 21 II. The idea behind

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2376-480: The Volkstag , and served 4-year terms. The honorary senators could serve indefinite terms. Only by a vote of no confidence from the Volkstag could honorary senators be recalled. Even with a dissolution of the Volkstag, the Senate could remain in power. The Senate was the highest state authority. In particular, it had the tasks: In articles 43 to 49, which detailed legislative procedures, laws had to be approved by both

2484-545: The constitution of the Weimar Republic , where Article 1 identifies the Reich as deriving its authority from the German national people, while Article 2 identifies the state territory under the Reich as the lands which, at the time of the constitution's adoption, were within the authority of the German state. The identity of Reich and people ran both ways—not only did the institutions of the German state derive their legitimacy from

2592-446: The "German Empire" ( Deutsches Kaiserreich in German historiography), while the term "German Reich" describes Germany from 1871 to 1945. As the literal translation "German Empire" denotes a monarchy, the term is used only in reference to Germany before the fall of the monarchy at the end of World War I in 1918. After the unification of Germany , under the reign of the Prussian king Wilhelm I and his Chancellor Otto von Bismarck ,

2700-529: The "Holy Roman Empire of the German Nation" from 1512. The Holy Roman Empire however was not exclusively German-speaking but constituted a supranational entity extending beyond the frontiers of the German language area ( Sprachraum ). The first attempt to re-establish a "German Empire" during the 1848 March Revolution by the Frankfurt Constitution ultimately failed: it was aborted by the monarchs of

2808-471: The Act had formally given legislative powers to the government as a whole, these powers were for all intents and purposes exercised by Hitler himself. After its passage, there were no longer serious deliberations in Cabinet meetings. Its meetings became more and more infrequent after 1934, and it never met in full after 1938. Due to the great care that Hitler took to give his dictatorship an appearance of legality,

2916-457: The Act, the government had acquired the authority to enact laws without either parliamentary consent or control. These laws could (with certain exceptions) even deviate from the Constitution. The Act effectively eliminated the Reichstag as an active player in German politics. While its existence was protected by the Enabling Act, for all intents and purposes it reduced the Reichstag to a mere stage for Hitler's speeches. It only met sporadically until

3024-909: The Basic Law as subsequently amended in line with the Unification Treaty and the Treaty of Final Settlement. These amendments had the effect of removing all those clauses by which the Federal Constitutional Court had formerly maintained the identity of the Federal Republic with the historic 'German Reich', specifically including the very Article 23 that had provided the basis for the Volkskammer's declaration of accession. Enabling Act of 1933 Final solution Parties The Enabling Act of 1933 ( German : Ermächtigungsgesetz ), officially titled Gesetz zur Behebung der Not von Volk und Reich ( lit.   ' Law to Remedy

3132-475: The Basic Law to be recognized as a State (albeit not organized and therefore not capable of action), and that accordingly the mutual restriction of sovereign power to the territory of the State and respect for the independence and autonomy of each of the two States in domestic and foreign affairs has its reference to the special situation in which both States find themselves vis-à-vis each other as sub-States of Germany as

3240-413: The Basic Law was repealed, closing off the possibility for any further states to apply for membership of the Federal Republic; while Article 146 was amended to state explicitly that the territory of the newly unified republic comprised the entirety of the German people; "This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on

3348-673: The Centre Party. It has also been suggested that some members of the SPD were intimidated by the presence of the Nazi Sturmabteilung (SA) throughout the proceedings. Some historians, such as Klaus Scholder , have maintained that Hitler also promised to negotiate a Reichskonkordat with the Holy See , a treaty that formalized the position of the Catholic Church in Germany on a national level. Kaas

Senate of the Free City of Danzig - Misplaced Pages Continue

3456-649: The Communists (KPD) were expected to vote against the Act. The government had already arrested all Communist and some Social Democrat deputies under the Reichstag Fire Decree. The Nazis expected the parties representing the middle class, the Junkers and business interests to vote for the measure, as they had grown weary of the instability of the Weimar Republic and would not dare to resist. Hitler believed that with

3564-502: The Communists were responsible for the fire, KPD membership was an act of treason. Thus, for all intents and purposes, the KPD was banned as of 6 March, the day after the election. Göring also declared that any deputy who was "absent without excuse" was to be considered as present, in order to overcome obstructions. Leaving nothing to chance, the Nazis used the provisions of the Reichstag Fire Decree to detain several SPD deputies. A few others saw

3672-407: 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 SPD. However, 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. Courts began taking the line that since

3780-594: The Constituent Assembly elected the members of the first senate on December 6. It was a bourgeois coalition between the DNVP , the DPP and the liberal Free Economic Association . The Social Democrats were the main opposition. The head of the government was Heinrich Sahm , the former mayor, who did not belong to any party. There were 4 DNVP, 4 DDP and 5 liberals in the Senate. At the second Volkstag election on November 18, 1923,

3888-655: The Distress of People and Reich ' ), was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or Weimar President Paul von Hindenburg , leading to the rise of Nazi Germany . Critically, the Enabling Act allowed the Chancellor to bypass the system of checks and balances in the government. In January 1933, Adolf Hitler , leader of

3996-533: The Empire never comprised all "German" lands; as it excluded Luxembourg , and those Cisleithanian crown lands of Austria-Hungary which had been part of the former German Confederation until 1865. Moreover, it included the whole of the Kingdom of Prussia , the eastern parts of which had never been included in historic German lands. The unification under Prussian leadership manifested Bismarck's "Lesser German" solution of

4104-533: The Enabling Act had been breached two weeks earlier by the " Law on the Reconstruction of the Reich " (30 January 1934), which dissolved the state parliaments, transferred the states' sovereign powers to the Reich and effectively rendered the Reichsrat irrelevant. Article 2 stated that laws passed under the Enabling Act could not affect the institutions of either chamber. In August, Hindenburg died, and Hitler seized

4212-413: The Enabling Act was renewed twice, in 1937 and 1941. However, its renewal was practically assured since all other parties were banned. Voters were presented with a single list of Nazis and Nazi-approved "guest" candidates under far-from-secret conditions. In 1942, the Reichstag passed a law giving Hitler power of life and death over every citizen, effectively extending the provisions of the Enabling Act for

4320-421: The Enabling Act was signed into law by President Paul von Hindenburg. Unless extended by the Reichstag, the act would expire after four years. With the Enabling Act now in force, the cabinet (in practice, the chancellor) could pass and enforce laws without legislative oversight. The combined effect of the Enabling Act and the Reichstag Fire Decree transformed Hitler's government into a legal dictatorship and laid

4428-552: The Enabling Act with the support of 83% of the deputies. The session took place under such intimidating conditions that even if all SPD deputies had been present, it would have still passed with 78.7% support. The same day in the evening, the Reichsrat also gave its approval, unanimously and without prior discussion. The Act was then signed into law by President Hindenburg, Hitler as Chancellor, Wilhelm Frick as Interior Minister, Konstantin von Neurath as Foreign Minister, and Lutz Graf Schwerin von Krosigk as Finance Minister. Under

Senate of the Free City of Danzig - Misplaced Pages Continue

4536-583: The Federal Republic (FRG) had been partially identical with the German Reich and not merely its successor . The court further elaborated that the 'partial identity' of the FRG was limited to apply only within its current de facto territory; and hence the Federal Republic could not claim an exclusive mandate for the territory of the Reich then under the de facto government of the German Democratic Republic; "identity does not require exclusivity". This

4644-474: The Federal Republic; and hence, like them, could never be accorded by the organs of the Federal Republic full recognition as a state in international law; even though the Federal Constitutional Court recognised that, within international law, the GDR was indeed an independent sovereign state. The constitutional status of the GDR under the Basic Law still differed from that of the Länder of the Federal Republic, in that

4752-567: The GDR had not declared its accession to the Basic Law; but the Constitutional Court maintained that the Basic Treaty was consistent with the GDR declaring its accession at some time in the future in accordance with its own constitution; and hence the Court determined that in recognising the GDR as a de jure German State, the Basic Treaty could be interpreted as facilitating the reunification of

4860-462: The German Reich (as indeed it eventually did). So long as any de jure German state remained separated from the rest, the German Reich could continue to exist only in suspension; but should the GDR be reunited with the Federal Republic, the Reich would once more be fully capable of action as a sovereign state. "In Article 6 the Contracting Parties agree that they shall base themselves on

4968-450: The German Reich as having been divided into two distinct states in international law, and accordingly accorded both states full diplomatic recognition. As of 1974, East Germany's official stance was that the GDR was a new state that is German in nature, a successor of the German Reich, and that there were then two German states that were different nations. When the Treaty on the Final Settlement with Respect to Germany between Germany and

5076-494: The German national people according to the principle of jus sanguinis , and drawing on the rhetoric of "the sovereignty of the nation" in the Frankfurt Constitution —albeit that many ethnic " Germans " (as with the German-speaking peoples of Austria) remained outside the national people constituting the German Empire of 1871 and also that the Empire of 1871 included extensive territories (such as Posen ) with predominantly non-German populations. This transition became formalised in

5184-447: The German people, so, too, the German people derived their inherent identity and patriotic duties from their being collectively constituted as an organ and institution of the German Reich. Subsequently the term "German Reich" continued to be applied both as identifying with the national people, and also with the state territory; but increasingly, the application of the term to the German national people came to be seen as primary. Following

5292-503: The Head of State.). Debate within the Centre Party continued until the day of the vote, 23 March 1933, with Kaas advocating voting in favour of the act, referring to an upcoming written guarantee from Hitler, while former Chancellor Heinrich Brüning called for a rejection of the Act. The majority sided with Kaas, and Brüning agreed to maintain party cohesion by voting for the Act. The Reichstag, led by its president, Hermann Göring , changed its rules of procedure to make it easier to pass

5400-431: The Nazi Party, culminating in the Night of the Long Knives . Once the purges of the Nazi Party and German government concluded, Hitler had total control over Germany. Armed with the Enabling Act, Hitler could begin German rearmament and achieve his aggressive foreign policy aims which ultimately resulted in the Second World War . The Enabling Act was renewed twice, but was rendered moot when Nazi Germany surrendered to

5508-522: The Nazi regime. By mid-March, the government began sending communists, labor union leaders, and other political dissidents to Dachau , the first Nazi concentration camp. The passing of the Enabling Act marked the formal transition from the democratic Weimar Republic to the totalitarian Nazi dictatorship. From 1933 onward, Hitler continued to consolidate and centralize power via purges and propaganda. In 1934, Hitler and Heinrich Himmler began removing non-Nazi officials together with Hitler's rivals within

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5616-403: The Nazis as a historical aberration. The name "Weimar Republic" was first used in 1929 after Hitler referred to the period as the " Republik von Weimar " (Republic of Weimar, after the city ( Weimar ) which held its constitutional assembly) at a rally in Munich with the term later becoming mainstream during the 1930s both within and outside Germany. The Nazis also contemptuously referred to it as "

5724-430: The Reichstag Presidential Palace, aimed at financing the election campaign of the Nazi Party . The burning of the Reichstag was depicted by the Nazis as the beginning of a communist revolution, and Hitler urged Hindenburg to pass the presidential Reichstag Fire Decree . The decree significantly curbed civil rights for German citizens and suspended freedom of press and habeas corpus rights just five days before

5832-424: The Second World War, the term "German Reich" fell out of use in constitutional formulations, being replaced by the term "nation as a whole", as applied to denote the state as a totality of the German national people; and the term "Germany as a whole", as applied to denote the state as a totality of German national territory. The 1918–1933 republic , which was also called the German Reich, was ignored and denounced by

5940-453: The Senate resigned, remaining in office until June 20, 1933. This Senate was known for increasing authoritarianism in Danzig, even banning the social democratic newspaper Volkstimme for a short time in 1932. By 1932, the Nazis had tapped into the electoral power of the rural population of Danzig, and had become the second most popular party. In the fifth Volkstag election on May 28, 1933, the NSDAP gained an absolute majority. On June 20, 1933,

6048-403: The System ". On 8 May 1945, with the capitulation of the German armed forces, the supreme command of the Wehrmacht was handed over to the Allies . The Allies refused to recognise Karl Dönitz as Reichspräsident or to recognise the legitimacy of his Flensburg Government (so-called because it was based at Flensburg and controlled only a small area around the town) and, on 5 June 1945,

6156-425: The Volkstag and the Senate. In the event that the Senate failed to approve bills on the day it was proposed, a referendum would be held. Constitutional amendments required a two-thirds majority. With the constitutional amendment of July 4, 1930, the number of senators was reduced to 12 (with the members of the Volkstag decreased from 120 to 72). After the establishment of the Free City of Danzig on November 15, 1920,

6264-406: The accession of the Federal Republic to the European Union within the Basic Law; hence with the subsequent accession of Poland to the EU, the constitutional bar on pursuing any claim to territories beyond the Oder–Neisse line was reinforced. Insofar as the German Reich may be claimed to continue in existence as 'Germany as a whole', the former eastern territories of Germany in Poland or Russia, and

6372-413: The bill. Under the Weimar Constitution , a quorum of two-thirds of the entire Reichstag membership was required to be present in order to bring up a constitutional amendment bill. In this case, 432 of the Reichstag's 647 deputies would have normally been required for a quorum. However, Göring reduced the quorum to 378 by not counting the 81 KPD deputies. Despite the virulent rhetoric directed against

6480-613: The boundaries of East Germany, West Germany and Berlin; "The united Germany has no territorial claims whatsoever against other states and shall not assert any in the future." Furthermore the Basic Law of the Federal Republic was required to be amended to state explicitly that full German unification had now been achieved, such that the new German state comprised the entirety of Germany, and that all constitutional mechanisms should be removed by which any territories outside those boundaries could otherwise subsequently be admitted; these amendments being bound by treaty not to be revoked. Article 23 of

6588-480: The cabinet, in its first post-election meeting on 15 March, draw up plans for an Enabling Act which would give the cabinet legislative power for four years. The Nazis devised the Enabling Act to gain complete political power without the need of the support of a majority in the Reichstag and without the need to bargain with their coalition partners. The Nazi regime was unique compared to its contemporaries, most famously Joseph Stalin 's, because Hitler did not seek to draft

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6696-403: The coalition continued. The First Sahm Senate continued until December 10, until it was replaced by the Second Sahm Senate. The honorary members of the First Sahm Senate, including the Deputy President, resigned on January 15, 1924. The rejection of the state budget of 1925 by Deputy President Ernst Ziehm led to a crisis in the government. A new senate was formed on August 19, 1925. This senate

6804-427: The concept is the notion that even a majority rule of the people cannot be allowed to install a totalitarian or autocratic regime such as with the Enabling Act of 1933, thereby violating the principles of the German constitution. In his book, The Coming of the Third Reich , British historian Richard J. Evans argued that the Enabling Act was legally invalid. He contended that Göring had no right to arbitrarily reduce

6912-427: The connotation of "Realm" or "State", its original (1871) definition. "German Reich" was used in legal documents and English-language international treaties—for example, the Kellogg–Briand Pact and the Geneva Conventions . Apart from official documents, post-World War I Germany was referred to as the "German Reich"—never as the "German Empire"—for example, by British politicians —and in the aftermath of World War II

7020-410: The constitution, without the consent of the Reichstag. Because this law allowed for departures from the constitution, it was itself considered a constitutional amendment. Thus, its passage required the support of two-thirds of those deputies who were present and voting. A quorum of two-thirds of the entire Reichstag was required to be present in order to call up the bill. The Social Democrats (SPD) and

7128-424: The day on which a constitution freely adopted by the German people takes effect". This was confirmed in the 1990 rewording of the preamble; "Germans..have achieved the unity and freedom of Germany in free self-determination . This Basic Law thus applies to the entire German people." In place of the former Article 23 under which the former GDR had declared its accession to the Federal Republic, a new Article 23 embedded

7236-440: The duration of the war. At least two, and possibly three, of the penultimate measures Hitler took to consolidate his power in 1934 violated the Enabling Act. On 14 February 1934, the Reichsrat , representing the states, was abolished by the " Law on the Abolition of the Reichsrat " even though Article 2 of the Enabling Act specifically protected the existence of both the Reichstag and the Reichsrat . It also can be argued that

7344-485: The election. Hitler used the decree to have the Communist Party 's offices raided and its representatives arrested, effectively eliminating them as a political force. Although they received five million more votes than in the previous election, the Nazis failed to gain an absolute majority in parliament, and depended on the 8% of seats won by their coalition partner, the German National People's Party , to reach 52% in total. To free himself from this dependency, Hitler had

7452-487: The end of World War II , held no debates and enacted only a few laws. Within three months of the passage of the Enabling Act, all parties except the Nazi Party were banned or pressured into dissolving themselves, followed on 14 July by a law that made the Nazi Party the only legally permitted party in the country. With this, Hitler had fulfilled what he had promised in earlier campaign speeches: "I set for myself one aim ... to sweep these thirty parties out of Germany!" During

7560-459: The end of 1932, Hitler changed his mind and started planning to remove the Ziehm Senate. With his appointment as Chancellor in January 1933, it was time for the NSDAP to come into power in Danzig. They deprived the Senate of confidence in Ziehm and offered to enter into a joint senate with the bourgeois parties if Hermann Rauschning became Senate President and the NSDAP appointed the Interior Senator. The bourgeois parties rejected this proposition and

7668-483: The expanded Federal Republic describes itself as "United Germany ", emphasizing that it does not now recognize any territories once included in the former German Reich outside its boundaries as having a valid claim to be a part of Germany as a whole. In referring to the entire period between 1871 and 1945, the partially translated English phrase " German Reich " ( /- ˈ r aɪ k / ) is applied by historians in formal contexts; although in common English usage this state

7776-482: The four powers signed the Berlin Declaration and assumed de jure supreme authority with respect to Germany. The declaration confirmed the complete legal extinction of the Third Reich with the death of Adolf Hitler on 30 April 1945, but asserted the continued subsequent existence of a German people and a German national territory; although subject to the four signatory powers also asserting their authority to determine

7884-405: The fundamental amendments to the Basic Law required by the Treaty of Final Settlement) was achieved constitutionally by the subsequent Unification Treaty of 31 August 1990; that is through a binding agreement between the former GDR and the Federal Republic now recognising each another as separate sovereign states in international law. This treaty was then voted into effect by both the Volkskammer and

7992-644: The future boundaries of Germany. At the Potsdam Conference , Allied-occupied Germany was defined as comprising "Germany as a whole"; and was divided into British , French , American and Soviet occupation zones; while the Allied Powers exercised the state authority assumed by the Berlin Declaration in transferring the former eastern territories of the German Reich east of the Oder–Neisse line to

8100-467: The government the right to draw up the budget, approve treaties, and enact any laws whatsoever without input from the Reichstag. By the rules of pre-1933 (and post-1945, if such a law were not now unconstitutional) German legal interpretation, this means that such laws are put to vote in the Cabinet and there decided by majority vote (which was not followed). - Note the position of the Chancellor in Article 3. In

8208-448: The groundwork for his totalitarian regime. By July, the NSDAP was the only legally permitted party in Germany. The Reichstag from 1933 onward effectively became the rubber stamp parliament that Hitler had desired. The conservative elite, which included the vice-chancellor Franz von Papen , who miscalculated the true intention of the Nazis to monopolize state power, were soon marginalized by

8316-592: The he official name "German Reich ". According to the decree of the Chief of the Reich Chancellery Hans Lammers of 26 June 1943, the name "Greater German Reich " became mandatory in official documents. The German Reich collapsed de facto with the death of Adolf Hitler on 30 April 1945, when the Allies decided not to recognise Karl Dönitz as the Reich President and to grant no legitimacy to

8424-564: The historic German states ( e.g. Bavaria and Saxony ) were united with Prussia under imperial rule, by the Hohenzollern dynasty . On 18 January 1871, Wilhelm I was proclaimed "German Emperor" at the Hall of Mirrors in Versailles , the German Reich was officially declared Deutsches Reich , or "German Empire", explicitly harking back to the extinct Holy Roman Empire . The title "German Emperor"

8532-557: The last two years (1943–1945) of Nazi rule under Adolf Hitler , although the change was never proclaimed. After World War II , the denotation "German Reich " quickly fell into disuse in Allied-occupied Germany , however, and the state's continued existence remained a matter of debate; the post-war Bonn Republic maintained the continued existence of the German Reich as an 'overall state", but dormant while East and West Germany continued to be divided. Nevertheless, when Germany

8640-514: The letter. At this stage, the majority of deputies already supported the bill, and any deputies who might have been reluctant to vote in favour were intimidated by the SA troops surrounding the meeting. In the end, all parties except the SPD voted in favour of the Enabling Act. With the KPD banned and 26 SPD deputies arrested or in hiding, the final tally was 444 in favour of the Enabling Act against 94 (all Social Democrats) opposed. The Reichstag had adopted

8748-454: The negotiations between the government and the political parties, it was agreed that the government should inform the Reichstag parties of legislative measures passed under the Enabling Act. For this purpose, a working committee was set up, co-chaired by Hitler and Centre Party chairman Kaas. However, this committee met only three times without any major impact, and rapidly became a dead letter even before all other parties were banned. Though

8856-481: The possibilities for a comprehensive understanding between church and state". However, so far no evidence for a link between the Enabling Act and the Reichskonkordat signed on 20 July 1933 has surfaced. As with most of the laws passed in the process of Gleichschaltung , the Enabling Act is quite short, especially considering its implications. The full text, in German and English, follows: Articles 1 and 4 gave

8964-547: The president of the High Court of Justice, not the chancellor, first in the line of succession to the presidency—and even then on an interim basis pending new elections. However, the Enabling Act provided no remedy for any violations of Article 2, and these actions were never challenged in court. The Enabling Act was formally declared to be repealed by the Allied Control Council in Control Council Law No. 1 , following

9072-407: The president's powers for himself in accordance with a law passed the previous day , an action confirmed via a referendum later that month . Article 2 stated that the president's powers were to remain "undisturbed" (or "unaffected", depending on the translation), which has long been interpreted to mean that it forbade Hitler from tampering with the presidency. A 1932 amendment to the constitution made

9180-429: The principle that the sovereign power of each of the two States be confined to its State territory and that they will respect the independence and autonomy of each of the two States in domestic and foreign affairs. This agreement too is compatible with the Basic Law only if interpreted to the effect that for the Federal Republic of Germany the basis of this Treaty is the continued existence of Germany, which has according to

9288-399: The quorum required to bring the bill up for a vote. While the Enabling Act only required the support of two-thirds of those present and voting, two-thirds of the entire Reichstag's membership had to be present in order for the legislature to consider a constitutional amendment. According to Evans, while Göring was not required to count the KPD deputies in order to get the Enabling Act passed, he

9396-432: The ratification of the Enabling Act. In order to obtain the act's passage, the Nazis implemented a strategy of coercion, bribery, and manipulation. Hitler removed any remaining political obstacles so his coalition of conservatives, nationalists, and Nazis could begin building the Nazi dictatorship. Once the Enabling Act was introduced, it was hastily passed by the Reichstag and Reichsrat on 23 March 1933. Later that day,

9504-510: The scales. On January 10, 1931, a new senate was formed under Ernst Ziehm , with its members being parts of the DNVP, Zentrum, and the Liberals. The Nazis tolerated this senate, even though they were prone to extreme political conflict with them.. However, in the autumn of 1931, the NSDAP discussed the possible fall and forceful removal of the Ziehm Senate, decided against by Adolf Hitler . Towards

9612-416: The unitary nationalism of the 'German Reich' was initially specified (at Article 1 of the 1871 constitution) in territorial terms, as the lands within the former boundaries of this particular subset of German monarchies. This geographical understanding of the Reich became steadily superseded in the period up to the first World War by an understanding of the German Reich as a unitary nation state identified with

9720-509: The wartime Allies was signed on 12 September 1990, there was no mention of the term Deutsches Reich , however the Allies paraphrased the international legal personality of Germany as "Germany as a whole" in the English version of the text. Instead the states of the Federal Republic of Germany ( West Germany , FRG) and the German Democratic Republic ( East Germany , GDR) agreed to be bound by certain conditions which they had to ratify, one of which

9828-525: The western territories, such as the East Cantons or Alsace-Lorraine , are now definitively and permanently excluded from ever again being united within this Reich under the Basic Law. Hence, although the GDR had by the Volkskammer 's declaration of accession to the Federal Republic, initiated the process of reunification; the act of reunification itself (with its many specific terms and conditions; including

9936-515: The word Reich here better translates as "realm" or territorial "reach", in that the term does not in itself have monarchical connotations. The name "German Reich " was officially proclaimed on 18 January 1871 at the Palace of Versailles by Otto von Bismarck and Wilhelm I of Prussia . After the annexation of Austria to Germany on 12–13 March 1938, the name "Greater German Reich " ( German : Großdeutsches Reich ) began to be used alongside with

10044-460: The word "Reich" was used untranslated by Allied prosecutors throughout the Nuremberg Trials , with "German Empire" only used to describe Germany before it became a federal republic in 1918. At the 1871 Unification of Germany (aside from Austria), the Reich was established constitutionally as a federation of monarchies, each having entered the federation with a defined territory; and consequently

10152-401: The writing on the wall and fled into exile. Later that day, the Reichstag assembled under intimidating circumstances, with SA men swarming inside and outside the chamber. Hitler's speech, which emphasised the importance of Christianity in German culture, was aimed particularly at appeasing the Centre Party's sensibilities and incorporated Kaas' requested guarantees almost verbatim. Kaas gave

10260-487: The years immediately preceding, government had relied on Article 48 emergency decrees; those had to be decided by the President; also, all laws issued in the regular manner were, not decided, but still enacted by the President. In the passing of Enabling-Act-based laws however, the President had no role to play at all (Thus creating, until Hitler effectively became President in 1934, the unique situation in German history that laws were passed entirely without any contribution by

10368-775: Was a minority senate , made from a coalition of the SPD , Zentrum, and the German Liberal Party (formed from a 1925 merge of the Free Association of Civil servants, Employees and Workers and the German Party for Progress and Economy (the name of the Free Economic Association since 1920)). This government was tolerated by the Poles and socialist politician Wilhelm Rahn . In the third Volkstag election on November 13, 1927, there

10476-402: Was a close associate of Cardinal Pacelli, then Vatican Secretary of State (and later Pope Pius XII ). Pacelli had been pursuing a German concordat as a key policy for some years, but the instability of Weimar governments as well as the enmity of some parties to such a treaty had blocked the project. The day after the Enabling Act vote, Kaas went to Rome in order to, in his own words, "investigate

10584-607: Was a compromise; Wilhelm I had wanted the title of "Emperor of Germany", but Bismarck refused this, so as to avoid implying a claim to extended monarchical authority over non-Prussian German kingdoms. On 14 April 1871, the Reichstag parliament passed the Constitution of the German Empire ( Verfassung des Deutschen Reiches ), which was published two days later. However, originating from the North German Confederation ,

10692-465: Was a further political shift towards the SPD. The parties of the previous minority government now had a majority. Without prejudice for some changes in senators, the SPD, Zentrum, and the Liberals continued to dominate the senate. The coalition collapsed in 1930, divided over the question of housing management and financing laws. On March 29, the Liberals left the coalition, with the SPD following suit on April 2. In May 1930, Heinrich Sahm's attempt to form

10800-470: Was and is known simply as Germany , the English term "German Empire" is reserved to denote the German state between 1871 and 1918. The history of the nation state known as the German Reich is commonly divided into three periods: However the term Deutsches Reich dates back earlier than all of this. It was occasionally applied in contemporary maps to the Holy Roman Empire (962–1806), also called

10908-567: Was called an "empire" in English and Wilhelm II was titled "His Imperial and Royal Majesty the German Emperor." After the War and the abolition of the monarchy during the German Revolution of 1918–1919 , however, when Wilhelm was forced to abdicate, the official English name for Germany was the "German Reich": Reich was left untranslated and no longer referred to an "empire" but, instead, took on

11016-486: Was explained as being because the German Democratic Republic was beyond FRG authority and because the Allied powers still had jurisdiction where "Germany as a whole" was concerned. Nevertheless, the Court insisted that within the territory of the Federal Republic, the GDR could only be considered as one de jure German state amongst others, on the analogy of the pre-existing de jure German states that in 1949 had come together as

11124-589: Was otherwise unable, however, to avoid the term German Reich acquiring connotations from the English term "empire" or the Dutch term "rijk" in the context of German colonial expansion during the New Imperialism period. Following in the example of other European colonial empires , Imperial Germany (against Bismarck's intentions) started to rapidly acquire overseas colonies, including possessions in Africa, Oceania and China;

11232-454: Was required to "recognize their existence" by counting them for purposes of the quorum needed to call it up, making his refusal to do so "an illegal act". (Even if the Communists had been present and voting, the session's atmosphere was so intimidating that the Act would have still passed with, at the very least, 68.7% support.) He also argued that the act's passage in the Reichsrat was tainted by

11340-498: Was reunited in 1990 the term "German Reich " was not revived as a title for the Berlin Republic . The German word Reich translates to the English word "empire"; it also translates to such words as "realm" or "domain." However, this translation was not used throughout the full existence of the German Reich. Historically, only Germany from 1871 to 1918—when Germany was under the rule of an emperor ( Kaiser )—is known in English as

11448-429: Was the constitutional name for the German nation state that existed from 1871 to 1945. The Reich became understood as deriving its authority and sovereignty entirely from a continuing unitary German Volk ("national people"), with that authority and sovereignty being exercised at any one time over a unitary German "state territory" with variable boundaries and extent. Although commonly translated as "German Empire",

11556-424: Was the recognising the reunification of East Germany, West Germany and Berlin as constituting the full achievement of a united Germany. On meeting these conditions under Article 7.2 "The United Germany [has] accordingly full sovereignty over its internal and external affairs." Under Article 1 of the Treaty on Final Settlement, the new united Germany committed itself to renouncing any further territorial claims beyond

11664-544: Was the sole legal continuation of the German Reich, and consequently not a successor state. Nevertheless, the Federal Republic did not maintain the specific title German Reich , and so consistently replaced the prefix Reichs- in all official titles and designations with Bundes- ("Federal"). Hence, for instance, the office of the Reichskanzler became the Bundeskanzler . Following German reunification on 3 October 1990,

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