Enabling Act
Gesetz zur Behebung der Not von Volk und Reich
Law to Remedy the Distress of People and Reich
Passed by the Reichstag on 23 March 1933 by 444 votes to 94, with only the Social Democrats voting against and the Communist deputies already excluded, the act let the Reich Government make laws on its own, including budget laws and laws departing from the constitution, and conclude treaties without parliament. The government’s laws were to be engrossed by the Chancellor rather than the President. It was limited to four years and to the ‘present’ government, but was renewed in 1937, 1939 and 1943, and became the legal foundation of the dictatorship.
- Dated
- Friday 24 March 1933
- Published in
- Reichsgesetzblatt Teil I, no. 25, Friday 24 March 1933, p. 141
- Citation
- RGBl. I S. 141
- In force
- Friday 24 March 1933
On the day pages
- Announced Day 50, Monday 20 March 1933
- Passed Day 53, Thursday 23 March 1933
- Signed Day 54, Friday 24 March 1933
- In force Day 54, Friday 24 March 1933
About this text
The full text is given. Transcribed from the RGBl. scan (issue 25, p. 141; the whole issue is this one page); compared word by word with German Wikisource, which agrees with the gazette, and with documentArchiv.de, which modernises two words (‘verfassungsändernder’ for the gazette’s ‘verfassungändernder’ in the preamble, ‘Reiches’ for ‘Reichs’ in Article 4); the gazette’s forms are kept.
The English translation was made for this site and is not an official translation. ‘Ausgefertigt’ is rendered as ‘engrossed’: the formal signing of the authentic text that, under Article 70 of the constitution, had been the Reich President’s task. ‘Gegenwärtige Reichsregierung’ is translated literally as ‘the present Reich Government’.
German laws and decrees are official works and not protected by copyright (§ 5 UrhG).
Terms
- verfassungändernde Gesetzgebung
- Under Article 76 of the Weimar constitution, a law amending the constitution needed two-thirds of the Reichstag’s members to be present and two-thirds of those present to vote for it. The Reichstag had changed its standing orders so that deputies absent without excuse counted as present, so that the arrested and fugitive Communist and Social Democratic deputies could not defeat the quorum.
- Artikel 85 Abs. 2 und 87
- The constitution’s provisions on the budget law and on borrowing: Article 1 let the government pass the Reich budget and raise loans without the Reichstag.
- Artikel 68 bis 77
- The constitution’s articles on the ordinary legislative procedure: introduction of bills, the Reichsrat’s right of objection, the President’s engrossment and promulgation, referendums, and the rules for amending the constitution.
- Reichsrat
- The chamber representing the state governments in Reich legislation.
- gegenwärtige Reichsregierung
- The cabinet of 30 January 1933: Hitler with a majority of conservative ministers. The clause was meant as a safeguard for them, but it was not invoked when the cabinet’s composition changed; the act was instead extended by the Reichstag in 1937 and 1939 and by decree in 1943.
Sources
- Reichsgesetzblatt 1933 Teil I, Nr. 25 (24. März 1933), S. 141 (Reichsministerium des Innern; scan on Wikimedia Commons)
- Ermächtigungsgesetz (transcription) (Wikisource (German))
- Gesetz zur Behebung der Not von Volk und Reich (transcription) (documentArchiv.de)
Gazette scans: public domain, via Wikimedia Commons.