Year 12 Modern - Enabling Act/Article 48

Hi folks. There has been a request for clarification regarding the difference between Article 48 of the Weimar Constitution, and the Enabling Act.

Here are the relevant sections of legislation:

Article 48, Weimar Constitution, 1919

"If a state does not fulfill the obligations laid upon it by the Reich constitution or Reich laws, the Reich President may use armed force to cause it to oblige.

In case public safety is seriously threatened or disturbed, the Reich President may take the measures necessary to reestablish law and order, if necessary using armed force. In the pursuit of this aim, he may suspend the civil rights described in articles 114, 115, 117, 118, 123, 124 and 153, partially or entirely.

The Reich President must inform the Reichstag immediately about all measures undertaken based on paragraphs 1 and 2 of this article. The measures must be suspended immediately if the Reichstag so demands.

If danger is imminent, the state government may, for their specific territory, implement steps as described in paragraph 2. These steps may be suspended if so demanded by the Reich President or the Reichstag.

Further details may be regulated by Reich legislation."

Enabling Act, 1933

"ARTICLE 1. In addition to the procedure for the passage of legislation outlined in the Constitution, the Reich Cabinet is also authorized to enact Laws. . . .

ARTICLE 2. The national laws enacted by the Reich Cabinet may deviate from the Constitution provided they do not affect the position of the Reichstag and the Reichsrat. The powers of the President remain unaffected.

ARTICLE 3. The national laws enacted by the Reich Cabinet shall be prepared by the Chancellor and published in the official gazette. They come into effect, unless otherwise specified, upon the day following their publication . . ."

The Difference?

Article 48 gives the President the power to suspend the Constitution, and civil rights, if they think that law and order are threatened. This was the power utilised by Hindenburg to appoint and dismiss chancellors between 1930-33, and to suspend civil rights after the Reichstag Fire.

The Enabling Act gives the Cabinet (that is, the Chancellor) the power to enact laws without them being agreed to by the Reichstag. The powers of the President, and the position of the Reichstag and Reichsrat, are not allowed to be altered by the Act.

So, Article 48 gave the President (i.e. Hindenburg)extraordinary powers; the Enabling Act gave the Chancellor (i.e. Hitler) extraordinary powers).