Background
Hitler had been appointed Chancellor of Germany only four weeks previously, on 30 January 1933, when he was invited by President von Hindenburg to lead a coalition government. Hitler’s government had urged von Hindenburg to dissolve the Reichstag and to call elections for 5 March.
On the evening of 27 February 1933 — six days before the parliamentary election — fire broke out in the Reichstag chambers. While the exact circumstances of the fire remain unclear to this day, what is clear is that Hitler and his supporters quickly capitalized on the fire as a means by which to speed their consolidation of power. Seizing on the burning of the Reichstag building as the supposed opening salvo in a communist uprising, the Nazis were able to throw millions of Germans into a convulsion of fear at the threat of Communist terror. The official account stated:
The burning of the Reichstag was intended to be the signal for a bloody uprising and civil war. Large-scale pillaging in Berlin was planned for as early as four o’clock in the morning on Tuesday. It has been determined that starting today throughout Germany acts of terrorism were to begin against prominent individuals, against private property, against the lives and safety of the peaceful population, and general civil war was to be unleashed…
The decree was improvised on the day after the fire (28 February) after discussions in the Prussian Ministry of the Interior, which was led by Hermann Göring, and was then brought before the Reich cabinet. In the ensuing discussions, Hitler stated that the fire made it now a matter of “ruthless confrontation of the KPD” and shortly thereafter, President von Hindenburg signed the decree into law.
The decree invoked the President's power under Article 48 of the Weimar Constitution, which allowed him to take any appropriate measure to remedy dangers to public safety without the prior consent of the Reichstag. It consisted of six articles. Article 1 indefinitely suspended most of the civil liberties set forth in the Weimar Constitution, including habeas corpus, freedom of expression, freedom of the press, the right of free association and public assembly, the secrecy of the post and telephone, not to mention the protection of property and the home. Articles 2 and 3 allowed the Reich government to assume powers normally reserved for the federal states. Articles 4 and 5 established draconian penalties for certain offenses, including the death penalty for arson to public buildings. Article 6 simply stated that the decree took effect on the day of its proclamation.
Read more about this topic: Reichstag Fire Decree
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