41: How Hitler Dismantled the Weimar Republic

On January 8, 2025, in an essay for the Atlantic titled "How Hitler Dismantled a Democracy in 53 Days," historian Timothy W. Ryback, the director of the Institute for Historical Justice and Reconciliation in The Hague, described the process by which Hitler dismantled Germany's constitutional republic in just 53 days. What follows are excerpts from that essay:

Ninety-two years ago, on Monday morning, January 30, 1933, Adolf Hitler was appointed the 15th chancellor of the Weimar Republic. In one of the most astonishing political transformations in the history of democracy, Hitler set about destroying a constitutional republic through constitutional means. What follows is a step-by-step account of how Hitler systematically disabled and then dismantled his country’s democratic structures and processes in less than two months’ time -- specifically, one month, three weeks, two days, eight hours, and 40 minutes. The minutes, as we will see, mattered.

Hans Frank served as Hitler’s private attorney and chief legal strategist in the early years of the Nazi movement. While later awaiting execution at Nuremberg for his complicity in Nazi atrocities, Frank commented on his client’s uncanny capacity for sensing 'the potential weakness inherent in every formal form of law' and then ruthlessly exploiting that weakness.

Following his failed Beer Hall Putsch of November 1923, Hitler had renounced trying to overthrow the Weimar Republic by violent means but not his commitment to destroying the country’s democratic system, a determination he reiterated in a Legalitätseid -- "legality oath" -- before the Constitutional Court in September 1930. Invoking Article 1 of the Weimar constitution, which stated that the government was an expression of the will of the people, Hitler informed the court that once he had achieved power through legal means, he intended to mold the government as he saw fit. It was an astonishingly brazen statement.

“So, through constitutional means?" the presiding judge asked.

"Jawohl!" Hitler replied.

By January 1933, the fallibilities of the Weimar Republic -- whose 181-article constitution framed the structures and processes for its 18 federated states -- were as obvious as they were abundant. Having spent a decade in opposition politics, Hitler knew firsthand how easily an ambitious political agenda could be scuttled. He had been co-opting or crushing right-wing competitors and paralyzing legislative processes for years, and for the previous eight months, he had played obstructionist politics, helping to bring down three chancellors and twice forcing the president to dissolve the Reichstag and call for new elections.

When he became chancellor himself, Hitler wanted to prevent others from doing unto him what he had done unto them. Though the vote share of his National Socialist party had been rising—in the election of September 1930, following the 1929 market crash, they had increased their representation in the Reichstag almost ninefold, from 12 delegates to 107, and in the July 1932 elections, they had more than doubled their mandate to 230 seats—they were still far from a majority. Their seats amounted to only 37 percent of the legislative body, and the larger right-wing coalition that the Nazi Party was a part of controlled barely 51 percent of the Reichstag, but Hitler believed that he should exercise absolute power.

But he knew that in a multiparty political system, with shifting coalitions, his political calculus was not so simple. He believed that an Ermächtigungsgesetz (“empowering law”) was crucial to his political survival. But passing such a law -- which would dismantle the separation of powers, grant Hitler’s executive branch the authority to make laws without parliamentary approval, and allow Hitler to rule by decree, bypassing democratic institutions and the constitution -- required the support of a two-thirds majority in the fractious Reichstag.

The process proved to be even more challenging than anticipated. Hitler [had] his first formal meeting with his nine ministers at precisely 5 o’clock [on January 30, 1933]. Hitler opened the meeting by boasting that millions of Germans had welcomed his chancellorship with 'jubilation,' then outlined his plans for expunging key government officials and filling their positions with loyalists. At this point he turned to his main agenda item: the empowering law that, he argued, would give him the time (four years, according to the stipulations laid out in the draft of the law) and the authority necessary to make good on his campaign promises to revive the economy, reduce unemployment, increase military spending, withdraw from international treaty obligations, purge the country of foreigners he claimed were “poisoning” the blood of the nation, and exact revenge on political opponents.

But given that Social Democrats and Communists collectively commanded 221 seats, or roughly 38 percent, of the 584-seat Reichstag, the two-thirds vote Hitler needed was a mathematical impossibility.  He responded as he invariably did when confronted with dissenting opinions or inconvenient truths: He ignored them and doubled down.

The next day, Hitler announced new Reichstag elections, to be held in early March, and issued a memorandum to his party leaders. “After a thirteen-year struggle the National Socialist movement has succeeded in breaking through into the government, but the struggle to win the German nation is only beginning,” Hitler proclaimed, and then added venomously: "The National Socialist party knows that the new government is not a National Socialist government, even though it is conscious that it bears the name of its leader, Adolf Hitler." He was declaring war on his own government.

Hitler was given a paltry two cabinet posts to fill -- and none of the most important ones pertaining to the economy, foreign policy, or the military. Hitler chose Wilhelm Frick as minister of the interior and Hermann Göring as minister without portfolio. But with his unerring instinct for detecting the weaknesses in structures and processes, Hitler put his two ministers to work targeting the Weimar Republic’s key democratic pillars: free speech, due process, public referendum, and states’ rights.

Frick had responsibility over the republic’s federated system, as well as over the country’s electoral system and over the press. Frick was also charged with suppressing the opposition press and centralizing power in Berlin. While Frick was undermining states’ rights and imposing bans on left-wing newspapers -- including the Communist daily The Red Banner and the Social Democratic Forward -- Hitler also appointed Göring as acting state interior minister of Prussia, the federated state that represented two-thirds of German territory. Göring was tasked with purging the Prussian state police, the largest security force in the country after the army, and a bastion of Social Democratic sentiment.

A Schiesserlass, or "shooting decree," followed. This permitted the state police to shoot on sight without fearing consequences. "I cannot rely on police to go after the red mob if they have to worry about facing disciplinary action when they are simply doing their job," Göring explained. He accorded them his personal backing to shoot with impunity. "When they shoot, it is me shooting," Göring said. "When someone is lying there dead, it is I who shot them."

Göring also designated the Nazi storm troopers as Hilfspolizei, or "deputy police," compelling the state to provide the brownshirt thugs with sidearms and empowering them with police authority in their street battles. Diels later noted that this -- manipulating the law to serve his ends and legitimizing the violence and excesses of tens of thousands of brownshirts -- was a "well-tested Hitler tactic."

[On February 27, 1933], shortly before 9 p.m., the Reichstag erupted in flames, sheafs of fire collapsing the glass dome of the plenary hall and illuminating the night sky over Berlin. Witnesses recall seeing the fire from villages 40 miles away. The image of the seat of German parliamentary democracy going up in flames sent a collective shock across the country. The Communists blamed the National Socialists. The National Socialists blamed the Communists. A 23-year-old Dutch Communist, Marinus van der Lubbe, was caught in flagrante, but the Berlin fire chief, Walter Gempp, who supervised the firefighting operation, saw evidence of potential Nazi involvement.

When Hitler convened his cabinet to discuss the crisis the next morning, he declared that the fire was clearly part of a Communist coup attempt. Göring detailed Communist plans for further arson attacks on public buildings, as well as for the poisoning of public kitchens and the kidnapping of the children and wives of prominent officials. Interior Minister Frick presented a draft decree suspending civil liberties, permitting searches and seizures, and curbing states’ rights during a national emergency. Ultimately, only one word was added to suggest contingencies for suspending a state’s rights. Hindenburg signed the decree into law that afternoon.

Put into effect just a week before the March elections, the emergency decree gave Hitler tremendous power to intimidate—and imprison—the political opposition. The Communist Party was banned (as Hitler had wanted since his first cabinet meeting), and members of the opposition press were arrested, their newspapers shut down. Göring had already been doing this for the past month, but the courts had invariably ordered the release of detained people. With the decree in effect, the courts could not intervene. Thousands of Communists and Social Democrats were rounded up.

On Sunday morning, March 5, one week after the Reichstag fire, German voters went to the polls. "No stranger election has perhaps ever been held in a civilized country," Frederick Birchall wrote that day in The New York Times. Birchall expressed his dismay at the apparent willingness of Germans to submit to authoritarian rule when they had the opportunity for a democratic alternative. "In any American or Anglo-Saxon community the response would be immediate and overwhelming," he wrote.

More than 40 million Germans went to the polls, which was more than 2 million more than in any previous election, representing nearly 89 percent of the registered voters—a stunning demonstration of democratic engagement. "Not since the German Reichstag was founded in 1871 has there been such a high voter turnout," Vossische Zeitung, the center-left newspaper, reported. Most of those 2 million new votes went to the Nazis. "The enormous voting reserves almost entirely benefited the National Socialists," Vossische Zeitung reported.

Although the National Socialists fell short of Hitler’s promised 51 percent, managing only 44 percent of the electorate—despite massive suppression, the Social Democrats lost just a single Reichstag seat—the banning of the Communist Party positioned Hitler to form a coalition with the two-thirds Reichstag majority necessary to pass the empowering law.

The next day, the National Socialists stormed state-government offices across the country. Swastika banners were hung from public buildings. Opposition politicians fled for their lives. Otto Wels, the Social Democratic leader, departed for Switzerland. So did Heinrich Held, the minister-president of Bavaria. Tens of thousands of political opponents were taken into Schutzhaft ("protective custody"), a form of detention in which an individual could be held without cause indefinitely.

[On] March 21, an Article 48 decree was issued amnestying National Socialists convicted of crimes, including murder, perpetrated 'in the battle for national renewal.' Men convicted of treason were now national heroes. The first concentration camp was opened that afternoon, in an old brewery near the town center of Oranienburg, just north of Berlin. The following day, the first group of detainees arrived at another concentration camp, in an abandoned munition plant outside the Bavarian town of Dachau.

On Thursday, March 23, the Reichstag delegates assembled in the Kroll Opera House, just opposite the charred ruins of the Reichstag. The following Monday, the traditional Reich eagle had been removed and replaced with an enormous Nazi eagle, dramatically backlit with wings spread wide and a swastika in its talons. Hitler, dressed now in a brown stormtrooper uniform with a swastika armband, arrived to pitch his proposed enabling law, now formally titled the "Law to Remedy the Distress of the People and the Reich."

At 4:20 p.m., he stepped up to the podium. Appearing uncharacteristically ill at ease, he shuffled a sheaf of pages before beginning to read haltingly from a prepared text. Only gradually did he assume his usual animated rhetorical style. He enumerated the failings of the Weimar Republic, then outlined his plans for the four-year tenure of his proposed enabling law, which included restoring German dignity and military parity abroad as well as economic and social stability at home. "Treason toward our nation and our people shall in the future be stamped out with ruthless barbarity," Hitler vowed.

Shortly before 8 o’clock that evening, the voting was completed. The 94 Social Democrat delegates who were in attendance cast their votes against the law. The remaining Reichstag delegates, 441 in all, voted in favor of the new law, delivering Hitler a four-fifths majority, more than enough to put the enabling law into effect without amendment or restriction.

Source: 

https://www.yahoo.com/news/hitler-dismantled-democracy-53-days-133000255.html