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).

Year 12 Modern - The Weimar Constitution

The Weimar Constitution aimed to establish a Germany that was democratic, liberal, and progressive. Instead, it created a fragile democracy which lurched from crisis to crisis until 1923, and was then easily dismantled by Hitler ten years later.

Why did this democratic experiment fail?

This website lists the main clauses of the 1919 Weimar Constitution.

Go here for a word-fill exercise all about the Weimar Constitution (good for revision)!

Check out this Powerpoint presentation about how the constitution worked.

John Clare's website lists the main problems with the Constitution as follows:

Ineffective Constitution

The Weimar Constitution did not create a strong government:

	Article 48 of the constitution gave the President sole power in ‘times of emergency’ – something he took often.
	The system of proportional voting led to 28 parties. This made it virtually impossible to establish a majority in the Reichstag, and led to frequent changes in the government. During 1919-33, there were twenty separate coalition governments and the longest government lasted only two years. This political chaos caused many to lose faith in the new democratic system.
	The German states had too much power and often ignored the government.
	The Army, led by the right-wing General Hans von Seeckt, was not fully under the government’s control. It failed to support government during the Kapp Putsch or the crisis of 1923.
	Many government officials – especially judges – were right-wing and wanted to destroy the government. After the Kapp Putsch, 700 rebels were tried for treason; only 1 went to prison. After the Munich Putsch, Hitler went to prison for only 9 months.

Year 12 Modern - Weimar 1919-1923 Powerpoint

This is the presentation we did today in class. It covers Weimar Germany from 1919 to 1923...


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