On the evening of February 27, 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 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.... It has been determined that ... 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 (February 28) 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, 84 years old and lapsing in and out of senility, signed the decree into law.
The decree, officially the Verordnung des Reichspräsidenten zum Schutz von Volk und Staat (Order of the Reich President for the Protection of People and State), invoked the authority of Article 48 of the Weimar Constitution which allowed the Reichspräsident to take any appropriate measure to remedy dangers to public safety.
The decree consisted of six articles. Article 1 suspended most of the civil liberties set forth in the Weimar Constitution — freedom of the person, 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 to the federal states (Länder). 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.
Order of the Reich President for the Protection of People and State
On the basis of Article 48 paragraph 2 of the Constitution of the German Reich, the following is ordered in defense against Communist state-endangering acts of violence:
1. Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Reich are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom , freedom of opinion, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and telephonic communications, and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
http://en.wikipedia.org/wiki/Reichstag_Fire_DecreeThe Enabling Act (Ermächtigungsgesetz in German) was passed by Germany's parliament (the Reichstag) on March 23, 1933 and signed by President Paul von Hindenburg the same day. It was the second major step after the Reichstag Fire Decree through which the Nazis obtained dictatorial powers using largely legal means. The Act enabled the cabinet under Chancellor Adolf Hitler to enact laws without the participation of the Reichstag.
Law to Remedy the Distress of the People and the Empire
The Reichstag has enacted the following law, which is hereby proclaimed with the assent of the Reichsrat, it having been established that the requirements for a constitutional amendment have been fulfilled:
Article 1
In addition to the procedure prescribed by the constitution, laws of the Reich may also be enacted by the government of the Reich. This includes the laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution.<1>
Article 2
Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. The rights of the President remain undisturbed.
Article 3
Laws enacted by the Reich government shall be issued by the Chancellor and announced in the Reich Gazette. They shall take effect on the day following the announcement, unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government.
Article 4
Treaties of the Reich with foreign states which affect matters of Reich legislation shall not require the approval of the bodies of the legislature. The government of the Reich shall issue the regulations required for the execution of such treaties.
Article 5
This law takes effect with the day of its proclamation. It loses force on 1 April 1937 or if the present Reich government is replaced by another.
http://en.wikipedia.org/wiki/Enabling_Act_of_1933
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