Background In 1920–1923 and from 1930 on, the
Weimar Republic's democratically elected
Reichstag was frequently circumvented by two legal instruments: • The use of special powers granted to the
President of Germany under an Emergency Decree in
Article 48 of the
Weimar Constitution • The use of
Enabling acts (which were seen as constitutional since they were passed by a two-thirds majority, the same as was required for an amendment), especially during 1919–1923 and then finally in
1933. The former practice became more and more common after 1930. Due to the
proportional representation voting system, it was extremely difficult for a government to have a stable majority. Frequently, when a Chancellor was voted out of office, his successor could not be assured of a majority. As a result, Chancellors often tried to use Article 48 simply to conduct government business. Following the
Reichstag fire on 27 February 1933, Hitler persuaded President
Paul von Hindenburg to issue the
Decree for the Protection of People and State, which suspended most of the
civil rights enshrined in the constitution. When
elections in March did not yield a Nazi majority, Hitler had to rely on his coalition partner, the
German National People's Party (DNVP), to command a majority in the Reichstag. At the new Reichstag's first session, Hitler introduced the
Enabling Act of 1933, which allowed the government to enact laws on its own authority for a four-year period. With certain exceptions (which were in practice disregarded), those laws could deviate from articles in the constitution. Though formally only the Government as a whole could enact laws, Hitler in effect exercised that right by himself.
declaring war against the United States at the Reichstag, 11 December 1941 The Nazis used the provisions of the Reichstag Fire Decree to arrest all deputies from the
Communist Party of Germany (KPD) and detain several deputies from the
Social Democratic Party (SPD). Several other SPD deputies saw the writing on the wall and fled into exile. Ultimately, the Enabling Act passed by a margin of 444–94, with only the SPD voting against it. However, the session took place in such an intimidating atmosphere that even if all 81 KPD deputies and 120 SPD deputies had been present, the Enabling Act would have still passed by more than the two-thirds majority required. Before the summer was out, all other parties had either been banned or intimidated into closing down (some were even intimidated into joining the Nazis), and the
Nazi Party was the only legally permitted party in Germany to all intents and purposes, Germany had become a one-party state with the passage of the Enabling Act. With the formal ban of opposition parties by the "
Law Against the Formation of Parties" (14 July 1933), the provision of Article 48 that allowed the Reichstag to demand the cancellation of the emergency measures was effectively negated. In the
parliamentary elections of 12 November 1933, voters were presented with a single list from the Nazi Party under far-from-secret conditions (see below). The list carried with 92.1 percent of the vote. As a measure of the great care Hitler took to give his dictatorship the appearance of legal sanction, the Enabling Act was subsequently renewed by the Reichstag in 1937 and 1941. The Reichstag only met 12 times between 1933 and 1939, and enacted only four laws — the "
Law on the Reconstruction of the Reich" of 1934 (which turned Germany into a highly centralized state) and the three "
Nuremberg Laws" of 1935. All passed unanimously. It would only meet eight more times after the start of the war. On 30 January 1939, in the aftermath of
Kristallnacht and rising international tensions, Adolf Hitler made
a speech proclaiming that a war would lead to the "
annihilation of the Jewish race in Europe." On 1 September 1939 Hitler addressed the Reichstag, announcing the
invasion of Poland and the beginning of
World War II.
Building The original
Reichstag building () was unusable after the
Reichstag fire, so the
Kroll Opera House was modified into a legislative chamber and served as the location of all parliamentary sessions during the
Third Reich. It was chosen both for its convenient location facing the Reichstag building and for its
seating capacity. The Kroll Opera House was devastated by
Allied bombing on 12 November 1943 (coincidentally, the tenth anniversary of the first Nazi Reichstag's election). It was then essentially destroyed in the
Battle of Berlin in 1945. ==Elections and plebiscites in Nazi Germany ==