- published: 24 Feb 2013
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The Enabling Act (German: Ermächtigungsgesetz) was passed by Germany's Reichstag and signed by President Paul von Hindenburg on 23 March 1933. It was the second major step, after the Reichstag Fire Decree, through which Chancellor Adolf Hitler legally obtained plenary powers and established his dictatorship. It received its name from its legal status as an enabling act granting the Cabinet the authority to enact laws without the participation of the Reichstag. The act stated that it was to last for four years unless renewed by the Reichstag, which occurred twice.
The formal name of the Enabling Act was Gesetz zur Behebung der Not von Volk und Reich (English: "Law to Remedy the Distress of People and Reich").
As with most of the laws passed in the process of Gleichschaltung, the Enabling Act is quite short, considering its consequences in the German Republic. It is therefore reproduced in full in German and English:
In his speech before the Reichstag on March 23, 1933, just before the Enabling Act is passed, Adolf Hitler speaks out:
An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it for authorization or legitimacy the power to take certain actions. For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation. The effects of enabling acts from different times and places vary widely.
The German word for an enabling act is Ermächtigungsgesetz. It usually refers to the enabling act of March 23, 1933, which became a cornerstone of Adolf Hitler's seizure of power.
The first enabling act is dated from August 4, 1914 just after the outbreak of World War I. With the vote of the Social Democrats, the Reichstag (the parliament) agreed to give the government certain powers to take the necessary economic measures during the war. Such enabling acts were also common in other countries. The Reichstag had to be informed, and had the right to abolish a decree based on the enabling act. This ensured that the government used its rights with care and only in rare cases was a decree abolished. The parliament retained its right to make law.