Chapter XVIII: Section 3: of Chapter XV for further material on the Reich Cabinet.) (1)

(4) _The Nazi conspirators caused all political parties, except the Nazi Party, to be prohibited._ After the Reichstag fire of 27 February 1933, the organization of the Communist Party was destroyed. On 9 March 1933, the Reich Minister of the Interior, Frick, announced that the Communists would be prevented from taking part in the opening of the Reichstag on 21 March 1933, because of their seditious activity. On 26 May 1933, a law was promulgated, signed by Hitler and Frick, providing for the confiscation of Communist property. (_2403-PS_; _1396-PS_)

After suspension of the Constitutional guarantees of freedom on 28 February 1933, numerous restraints were imposed on the Social Democratic Party, including the arrest of a number of its leaders and Reichstag deputies. The backbone of this Party was broken by the occupation of the trade union buildings and the smashing of free trade unions in May 1933. On 22 June 1933, the Social Democratic Party was suppressed in Prussia (_2403-PS_). On 7 July 1933 a Reich decree eliminated Social Democrats from the Reichstag and from the governing bodies of Provinces and Municipalities. (_2058-PS_)

On 14 July 1933, provisions of the Law of 26 May 1933 confiscating Communist property were made applicable to assets and interests of the Social Democratic Party and its affiliated organizations, “and also to assets and interests which are used or destined to promote Marxist or other activities found by the Reich Minister of the Interior to be subversive to people and state.” (_1388-PS_) Faced with similar pressure, the other German Parties either dissolved or combined with the Nazis (_2403-PS_).

The Nazi conspirators then promulgated a law declaring the Nazi Party to be the only political party in Germany and making it criminal to maintain any other political party or to form a new political party. This law, which was signed by Hitler, Frick, and Guertner, provided in part:

“Art. 1

The National Socialist German Worker’s Party
(_National-Sozialistische Deutsche Arbeiterpartei_) constitutes
the only political party in Germany.

“Art. 2

Whoever undertakes to maintain the organizational structure of
another political party or to form a new political party will be
punished with penal servitude up to three years or with
imprisonment of from six months to three years, if the deed is
not subject to a greater penalty according to other
regulations.” (_1388-PS_)

In a speech on 6 July 1933 Hitler stated:

“The political parties have finally been abolished. This is a
historical occurrence, the meaning and implication of which one
cannot yet be fully conscious of. Now, we must set aside the
last vestige of democracy, particularly the methods of voting
and making majority decisions which today are used in local
governments, in economic organizations and in labor boards; in
its place we must validate the responsibility of the individual.
The achievement of external power must be followed by the
inner-education of the people * * *”

Later in the same speech, Hitler said:

“The Party has become the State. All power lies with the Reich
Authorities.” (_2632-PS_)

(5) _The Nazi conspirators caused the Nazi Party to be established as a para-governmental organization with extensive and extraordinary privileges._ On 1 December 1933 the Reich Cabinet promulgated a law designed for “Securing the Unity of Party and State”. It was signed by Hitler and Frick, and provided:

“Art. 1

1. After the victory of the National Socialistic Revolution, the
National Socialistic German Labor Party is the bearer of the
concept of the German State and is inseparably the state.

2. It will be a part of the public law. Its organization will be
determined by the Fuehrer.

“Art. 2

The deputy of the Fuehrer and the Chief of Staff of the SA will
become members of the Reichs government in order to insure close
cooperation of the offices of the party and SA with the public
authorities.

“Art. 3

1. The members of the National Socialistic German Labor Party
and the SA (including their subordinate organizations) as the
leading and driving force of the National Socialist State will
bear greater responsibility toward Fuehrer, people and state.

2. In case they violate these duties, they will be subject to
special jurisdiction by party and state.

3. The Fuehrer may extend these regulations in order to include
members of other organizations.

“Art. 4

Every action or neglect on the part of members of the SA
(including their subordinate organizations) attacking or
endangering the existence, organization, activity or reputation
of the National Socialistic German Labor Party, in particular
any infraction against discipline and order, will be regarded as
a violation of duty.

“Art. 5

Custody and arrest may be inflicted in addition to the usual
penalties.

“Art. 6

The public authorities have to grant legal and administrative
assistance to the offices of the Party and the SA which are
entrusted with the execution of the jurisdiction of the Party
and SA.

“Art. 7

The law regarding the authority to inflict penalties on members
of the SA and SS, of the 28 April 1933 (RGBl, p. 230), will be
invalidated.

“Art. 8

The Reichs Chancellor, as Fuehrer of the National Socialistic
German Labor Party and as the supreme commander of SA will issue
the regulation necessary for the execution and augmentation of
this law, particularly with respect to the organization and
procedure of the Jurisdiction of the Party and SA. He will
determine the time at which the regulations concerning this
jurisdiction will be effective.” (_1395-PS_)

Thus the Nazi Party became a para-governmental organization in Germany.

The Nazi conspirators granted the Nazi Party and its components extensive and extraordinary privileges. On 19 May 1933, they passed a law to protect and insure respect for Party symbols (_2759-PS_). On 20 December 1934 the Nazi conspirators caused a law to be promulgated, signed by Hitler, Guertner, Hess, and Frick, making it a crime to make false or grievous statements to injure the prestige of the Government of the Reich, the NSDAP, or its agencies. This law also declared it to be a crime to wear the uniform or the insignia of the NSDAP without authority to do so, and controlled the manufacture and sale of Party uniforms, flags, and insignia (_1393-PS_). A decree of 29 March 1935, defining the legal status of the NSDAP and of its components and affiliated organizations, is a further indication of the extraordinary privileges enjoyed by the Nazi Party. (_1725-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO ACQUISITION OF
TOTALITARIAN POLITICAL CONTROL

Document │ Description │ Vol. │ Page
│ │ │
│Charter of the International Military │ │
│ Tribunal, Article 6, especially 6 (a).│ I │ 5
│ │ │
│International Military Tribunal, │ │
│ Indictment Number 1, Sections IV (D) │ │
│ 1, 2. │ I │ 17, 18
│ ————— │ │
│Note: A single asterisk (*) before a │ │
│document indicates that the document was│ │
│received in evidence at the Nurnberg │ │
│trial. A double asterisk (**) before a │ │
│document number indicates that the │ │
│document was referred to during the │ │
│trial but was not formally received in │ │
│evidence, for the reason given in │ │
│parentheses following the description of│ │
│the document. The USA series number, │ │
│given in parentheses following the │ │
│description of the document, is the │ │
│official exhibit number assigned by the │ │
│court. │ │
│ ————— │ │
*047-PS │Letter to Rosenberg signed by Hitler, 24│ │
│ August 1931. (USA 725) │ III │ 82
│ │ │
*351-PS │Minutes of First Meeting of Cabinet of │ │
│ Hitler, 30 January 1933. (USA 389) │ III │ 270
│ │ │
*404-PS │Excerpts from Hitler, Mein Kampf, pp. │ │
│ 456, 475. (USA 256) │ III │ 385
│ │ │
1388-PS │Law concerning confiscation of Property │ │
│ subversive to People and State, 14 │ │
│ July 1933. 1933 Reichsgesetzblatt, │ │
│ Part I, p. 479. │ III │ 962
│ │ │
1388-A-PS │Law against the establishment of │ │
│ Parties, 14 July 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 479. │ III │ 962
│ │ │
1390-PS │Decree of the Reich President for the │ │
│ Protection of the People and State, 28│ │
│ February 1933. 1933 Reichsgesetzblatt,│ │
│ Part I, p. 83. │ III │ 968
│ │ │
1393-PS │Law on treacherous attacks against State│ │
│ and Party, and for the Protection of │ │
│ Party Uniforms, 20 December 1934. 1934│ │
│ Reichsgesetzblatt, Part I, p. 1269. │ III │ 973
│ │ │
*1395-PS │Law to insure the unity of Party and │ │
│ State, 1 December 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 1016. │ │
│ (GB 252) │ III │ 978
│ │ │
1396-PS │Law concerning the confiscation of │ │
│ Communist property, 26 May 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 293. │ III │ 979
│ │ │
1725-PS │Decree enforcing law for securing the │ │
│ unity of Party and State, 29 March │ │
│ 1935. 1935 Reichsgesetzblatt, Part I, │ │
│ p. 502. │ IV │ 224
│ │ │
2001-PS │Law to Remove the Distress of People and│ │
│ State, 24 March 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 141. │ IV │ 638
│ │ │
2047-PS │Law for the extension of the law │ │
│ concerning the removal of the distress│ │
│ of People and Reich, 30 January 1937. │ │
│ 1937 Reichsgesetzblatt, Part I, p. │ │
│ 105. │ IV │ 660
│ │ │
2048-PS │Law for the extension of the law │ │
│ concerning the removal of the distress│ │
│ of the People and Reich, 30 January │ │
│ 1939. 1939 Reichsgesetzblatt, Part I, │ │
│ p. 95. │ IV │ 660
│ │ │
2050-PS │The Constitution of the German Reich, 11│ │
│ August 1919. 1919 Reichsgesetzblatt, │ │
│ Part I, p. 1383. │ IV │ 662
│ │ │
2058-PS │Decree for the securing of the State │ │
│ Leadership, 7 July 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 462. │ IV │ 699
│ │ │
2059-PS │Decree of the Reich President relating │ │
│ to the granting of Amnesty, 21 March │ │
│ 1933. 1933 Reichsgesetzblatt, Part I, │ │
│ p. 134. │ IV │ 701
│ │ │
2103-PS │Decree of Fuehrer on Cabinet │ │
│ Legislation, 10 May 1943. 1943 │ │
│ Reichsgesetzblatt, Part I, p. 295. │ IV │ 729
│ │ │
*2168-PS │Book by SA Sturmfuehrer Dr. Ernst Bayer,│ │
│ entitled “The SA”, depicting the │ │
│ history, work, aim and organization of│ │
│ the SA. (USA 411) │ IV │ 772
│ │ │
*2324-PS │Extracts from Reconstruction of a │ │
│ Nation, by Hermann Goering, 1934. (USA│ │
│ 233) │ IV │ 1033
│ │ │
2403-PS │The End of the Party State, from │ │
│ Documents of German Politics, Vol. I, │ │
│ pp. 55-56. │ V │ 71
│ │ │
2404-PS │Report of Hitler’s speech in his own │ │
│ defense, published in The Hitler Trial│ │
│ (1934). │ V │ 73
│ │ │
2405-PS │Extracts from German Publications. │ V │ 79
│ │ │
2412-PS │Extracts from Nature and Form of │ │
│ National Socialism pamphlet by Dr. │ │
│ Joseph Goebbels, Berlin, 1935. │ V │ 88
│ │ │
2500-PS │“What do we want in the Reichstag?” one │ │
│ of Goebbels newspaper articles. │ V │ 237
│ │ │
2511-PS │Statement by Hitler from Voelkischer │ │
│ Beobachter, 24 August 1932. │ V │ 246
│ │ │
2512-PS │Hitler’s Testimony Before the Court for │ │
│ High Treason, published in Frankfurter│ │
│ Zeitung, 26 September 1931. │ V │ 246
│ │ │
*2513-PS │Extract from The National Socialist │ │
│ Workers’ Party as an Association │ │
│ Hostile to State and to Republican │ │
│ Form of Government and Guilty of │ │
│ Treasonable Activity. (USA 235) │ V │ 252
│ │ │
2514-PS │Extract from Statistical Yearbook of the│ │
│ German Reich 1933, concerning │ │
│ elections in the Reichstag. │ V │ 253
│ │ │
2532-PS │Extract from The Third Reich, by Gerd │ │
│ Ruehle. │ V │ 268
│ │ │
2573-PS │Announcement of Official Prussian Press │ │
│ Office, in Frankfurter Zeitung, 1 │ │
│ March 1933. │ V │ 303
│ │ │
2579-PS │Extracts from the Frankfurter Zeitung, │ │
│ 24 March 1933, concerning happenings │ │
│ 23 March. │ V │ 303
│ │ │
2632-PS │Extracts from The National Socialist │ │
│ Revolution 1933, published in Berlin │ │
│ 1935. │ V │ 343
│ │ │
2633-PS │Extracts from Constitutional Law of the │ │
│ Greater German Reich, 1939. │ V │ 344
│ │ │
2634-PS │Goering to the Condemned, published in │ │
│ Voelkischer Beobachter, 26 August │ │
│ 1932. │ V │ 344
│ │ │
2651-PS │Statement by Frick from Voelkischer │ │
│ Beobachter, 14 March 1933. │ V │ 359
│ │ │
2652-PS │Speech of Hitler to Reichstag, 23 March │ │
│ 1933, from Voelkischer Beobachter, 24 │ │
│ March 1933. │ V │ 359
│ │ │
2741-PS │Speech by Hitler on 9 November 1934, │ │
│ published in Voelkischer Beobachter, │ │
│ 10 November 1934. │ V │ 382
│ │ │
2742-PS │Passage written by Frick in National │ │
│ Socialist Yearbook, 1927, p. 124. │ V │ 383
│ │ │
2743-PS │Passage written by Frick in National │ │
│ Socialist Yearbook, 1930, p. 178. │ V │ 383
│ │ │
2759-PS │Law for the protection of Nationalist │ │
│ Symbols, 19 May 1933. 1933 │ │
│ Reichsgesetzblatt, Part I, p. 285. │ V │ 394
│ │ │
*2955-PS │Affidavit of Magnus Heimannsberg, 14 │ │
│ November 1945, referring to SA and │ │
│ other Nazi groups posted at polling │ │
│ places. (USA 755) │ V │ 659
│ │ │
*2962-PS │Minutes of meeting of Reich Cabinet, 15 │ │
│ March 1933. (USA 578) │ V │ 669
│ │ │
*2963-PS │Minutes of meeting of Reich Cabinet, 20 │ │
│ March 1933. (USA 656) │ V │ 670
│ │ │
*3054-PS │“The Nazi Plan”, script of a motion │ │
│ picture composed of captured German │ │
│ film. (USA 167) │ V │ 801
│ │ │
*3740-PS │Affidavit of Franz Halder, 6 March 1946.│ │
│ (USA 779) │ VI │ 635
│ │ │
*L-83 │Affidavit of Gerhart H. Seger, 21 July │ │
│ 1945. (USA 234). │ VII │ 859

3. CONSOLIDATION OF TOTALITARIAN POLITICAL CONTROL

_Between the Accession to Power (early 1933) and the Outbreak of the War (late 1939) the Nazi Conspirators Consolidated Their Control of Germany by Utilizing and Molding Its Political Machinery to Their Own Ends._

A. _The Nazi conspirators reduced the Reichstag to an impotent body of their own appointees._ Under the Weimar Constitution of the German Reich, adopted by the German people on 11 August 1919, the Reichstag was a representative parliamentary body with broad legislative powers. Article 20 provided that the Reichstag should be “composed of the delegates of the German people.” Article 68 of the Chapter on Legislation provided that:

“Bills are introduced by the government of the Reich or by
members of the Reichstag. Reich laws shall be enacted by the
Reichstag.” (_2050-PS_)

In _Mein Kampf_ Hitler stated the conspirators’ purpose to undermine the Reichstag:

“Our young movement in essence and structure is
anti-parliamentarian, i.e., it rejects majority voting as a
matter of principle as well as in its own organization * * * Its
participation in the activities of a parliament has only the
purpose to contribute to its destruction, to the elimination of
an institution which we consider as one of the gravest symptoms
of decay of mankind * * *” (_2883-PS_).

With the passage of the Law for the Protection of the People and the Reich (also known as the Enabling Act) the Nazi succeeded, in effect, in depriving the Reichstag of its legislative functions. The legislative as well as the executive powers of the government were concentrated in Hitler and the Cabinet (_2001-PS_; the legislative activities of the Cabinet (_Reichsregierung_) and its power to contravene constitutional limitations are treated in Section 3 of Chapter XV).

During the period from March 1933 until the beginning of 1937, the Reichstag enacted only four laws: The Reconstruction Law of 30 January 1934 and the three Nurnberg laws of 15 September 1935. The Reichstag was retained chiefly as a sounding board for Hitler’s speeches. All other legislation was enacted by the Cabinet, by the Cabinet ministers, or by decree of the Fuehrer (_2481-PS_). Hess has admitted the lack of importance of the Reichstag in the legislative process after 1933. (_2426-PS_)

Hitler indicated in a 1939 decree that the Reichstag would be permitted to enact only such laws as he, in his own judgment, might deem appropriate for Reichstag legislation. (_2018-PS_)

Immediately after the Nazis acquired the control of the central government they proceeded systematically to eliminate their opponents. First they forced all other political parties to dissolve, and on 14 July 1933 issued a decree making illegal the existence of any political party except the Nazi Party. (_1388-PS_)

In early 1935 there were 661 delegates in the Reichstag. Of this number 641 were officially registered as Nazi party members and the remaining 20 were classified as “guests” (_Gaeste_). (_2384-PS_; _2380-PS_)

B. _The Nazi conspirators curtailed the freedom of popular elections throughout Germany._ Under the Weimar Republic there existed constitutional and legislative guarantees of free popular elections. The Weimar Constitution guaranteed the universal, equal and secret ballot and proportional representation. (_2050-PS_) These general principles were implemented by the provisions of the Reich Election Law of 1924, particularly with respect to the multiple party system and the functioning of proportional representation. (_2382-PS_)

In _Mein Kampf_ Hitler stated the conspirators’ purpose to subvert the system of popular election:

“Majority can never replace men. * * * The political
understanding of the masses is not sufficiently developed to
produce independently specific political convictions and to
select persons to represent them.” (_2883-PS_)

The occasional national elections after 1933 were formalities devoid of freedom of choice. Bona fide elections could not take place under the Nazi system. The basic ideological doctrine of the _Fuehrerprinzip_ (Leadership Principle) dictated that all subordinates must be appointed by their superiors in the governmental hierarchy. In order to insure the practical application of this principle the Nazis immediately liquidated all other political parties and provided criminal sanctions against the formation of new parties. (For further discussion see Section 2 on the Acquisition of Totalitarian Political Control.)

Although the Reichstag, unlike all other elective assemblies in Germany, was allowed to continue in existence, elections no longer involved a free choice between lists or candidates. At these elections there were usually large bands of uniformed Nazis surrounding the polls and intimidating the voters. (_2955-PS_)

The surreptitious marking of ballots (e.g. with skimmed milk) was also customary, to ascertain the identity of the persons who cast “No” or invalid votes. (_R-142_)

Although it had already become practically impossible to have more than one list of candidates, it was specifically provided by law in 1938 that only one list was to be submitted to the electorate. (_2355-PS_)

By the end of this period, little of substance remained in the election law. In an official volume published during the war there are reprinted the still effective provisions of the law of 1924. The majority of the substantive provisions have been marked “obsolete” (_gegenstandslos_) (_2381-PS_).

The comprehensive Nazi program for the centralization of German government included in its scope the whole system of regional and local elections, which soon ceased to exist. Article 17 of the Weimar Constitution had required a representative form of government and universal, secret elections in all Laender and municipalities (_2050-PS_). Yet in early 1934, the sovereign powers (_Hoheitsrechte_) of the Laender were transferred by law to the Reich and the Land governments were placed under the Reich control:

“The popular assemblies (_Volksvertretungen_) of the Laender
shall be abolished.” (_2006-PS_)

Pursuant to the German Communal Ordinance of 30 January 1935, the mayors and executive officers of all municipalities received their appointments “through the confidence of Party and State” (Article 6 (2)). Appointments were made by Reich authorities from lists prepared by the Party delegates (Article 41). City councillors were selected by the Party delegates in agreement with the mayors (Article 51 (1)). (_2008-PS_)

C. _The Nazi conspirators transformed the states, provinces, and municipalities into what were, in effect, mere administrative organs of the central government._ Under the Weimar Constitution of the pre-Nazi regime, the states, provinces, and municipalities enjoyed considerable autonomy in the exercise of governmental functions—legislative, executive and judicial. (_2050-PS_)

Hitler, in _Mein Kampf_, stated the conspirators’ purpose to establish totalitarian control of local government:

“National Socialism, as a matter of principle, must claim the
right to enforce its doctrines, without regard to present
federal boundaries, upon the entire German nation and to educate
it in its ideas and its thinking. * * * The National Socialist
doctrine is not the servant of political interests of individual
federal states but shall become the ruler of the German nation.”
(_2883-PS_)

These views were echoed by Rosenberg:

“In the midst of the great power constellations of the globe
there must be, for foreign as well as for internal political
reasons, only one strong central national authority, if one
wants Germany to regain a position which makes it fit for
alliance with other countries.” (_2882-PS_)

By a series of laws and decrees, the Nazi conspirators reduced the powers of the regional and local governments and substantially transformed them into territorial subdivisions of the Reich government. The program of centralization began almost immediately after the Nazis acquired the chief executive posts of the government. On 31 March 1933, they promulgated the Provisional Law integrating the Laender with the Reich (_2004-PS_). This law called for the dissolution of all state and local self governing bodies and for their reconstitution according to the number of votes cast for each party in the Reichstag election of 5 March 1933. The Communists and their affiliates were expressly denied representation.

A week later there followed the Second Law Integrating the Laender with the Reich (_2005-PS_). This Act established the position of Reich Governor. He was to be appointed by the President upon the proposal of the Chancellor, and was given power to appoint the members of the Land governments and the higher Land officials and judges, the authority to reconstruct the Land legislature according to the law of 31 March 1933 (_2004-PS_, _supra_), and the power of pardon.

On 31 January 1934, most of the remaining vestiges of Land independence were destroyed by the Law for the Reconstruction of the Reich:

“The popular referendum and the Reichstag election of November
12, 1933, have proved that the German people have attained an
indestructible internal unity (_unloesliche innere Einheit_)
superior to all internal subdivisions of political character.
Consequently, the Reichstag has enacted the following law which
is hereby promulgated with the unanimous vote of the Reichstag
after ascertaining that the requirements of the Reich
Constitution have been met:

Article I. Popular assemblies of the Laender shall be abolished.

Article II. (1) The sovereign powers (_Hoheitsrechte_) of the
Laender are transferred to the Reich.

(2) The Laender governments are placed under the Reich
government.

Article III. The Reich governors are placed under the
administrative supervision of the Reich Minister of Interior.

Article IV. The Reich Government may issue new constitutional
laws.”

This law was implemented by a regulation, issued by Frick, providing that all Land laws must have the assent of the competent Minister of the Reich, that the highest echelons of the Land Government were to obey the orders of the competent Reich Minister, and that the employees of the Laender might be transferred into the Reich Civil Service. (_1653-PS_)

The _Reichsrat_ (Reich Council) was abolished by law on 14 February 1934, and all official representation on the part of the Laender in the administration of the central government was at an end (_2647-PS_). The legislative pattern was complete with the enactment of the Reich Governor Law on 30 January 1935, which solidified the system of centralized control. The Reich Governor was declared to be the official representative of the Reich government, who was to receive orders directly from Hitler (_Reichstatthaltergesetz_ (Reich Governor Law), 30 January 1935, 1935 _Reichsgesetzblatt_, Part I, p. 65). The same development was apparent in the provinces, the territorial subdivisions of Prussia. All local powers were concentrated in the Provincial Presidents, who acted solely as representatives of the national administration (_2049-PS_). Similarly, in the case of the municipalities local self-government was quickly reduced to a minimum and communal affairs were placed under central Reich control. The Nazi Party Delegate was given special functions:

“* * * in order to insure harmony between the communal
administration and the Party.” (Art. 6 (2)).

The Reich was given supervision over the municipalities:

“* * * in order to insure that their activities conform with the
laws and the aims of national leadership.” (_2008-PS_)

The Nazi conspirators frequently boasted of their comprehensive program of government centralization. Frick, Minister of the Interior throughout this period, wrote:

“The reconstruction law abolished the sovereign rights and the
executive powers of the Laender and made the Reich the sole
bearer of the rights of sovereignty. The supreme powers of the
Laender do not exist any longer. The natural result of this was
the subordination of the Land governments to the Reich
government and the Land Ministers to the corresponding Reich
Ministers. On 30 January 1934, the German Reich became one
state. (_2481-PS_)

In another article Frick indicated even more clearly the purposes which underlay this program of centralization:

“In the National Socialist revolution of 1933, it was stipulated
for the first time in the history of the German nation that the
erection of a unified state (_Einheitsstaat_) would be
accomplished. From the early days of his political activity,
Adolf Hitler never left a doubt in the mind of anyone that he
considered it the first duty of National Socialism to create a
German Reich in which the will of the people would be led in a
single direction and that the whole strength of the nation, _at
home and abroad_, would be placed on the balance scale.”
(_2380-PS_; _2378-PS_.)

D. _The Nazi conspirators united the offices of President and Chancellor in the person of Hitler._ The merger of the two offices was accomplished by the law of 1 August 1934, signed by the entire cabinet (_2003-PS_). The official Nazi statement concerning the effect of this statute contains this observation:

“Through this law, the conduct of Party and State has been
combined in one hand. * * * He is responsible only to his own
conscience and to the German nation.” (_1893-PS_)

One of the significant consequences of this law was to give to Hitler the supreme command of the German armed forces, always a prerequisite of the Presidency (_2050-PS_). Accordingly, every soldier was immediately required to take an oath of loyalty and obedience to Hitler. (_2061-PS_)

E. _The Nazi conspirators removed great numbers of civil servants on racial and political grounds and replaced them with party members and supporters._

Hitler publicly announced the conspirators’ purpose:

“We know that two things alone will save us: the end of internal
corruption and the cleaning out of all those who owe their
existence simply to the protection of members of the same
political parties. Through the most brutal ruthlessness towards
all officials installed by those political parties we must
restore our finances. * * * The body of German officials must
once more become what it was.” (_2881-PS_)

The Nazi legislative machine turned to the task of purging the civil service soon after the accession to power. On 7 April 1933, the Law for the Restoration of the Professional Civil Service was promulgated (_1397-PS_). Article 3 of this law applies the Nazi blood theories:

“(1) Officials who are not of Aryan descent are to be retired
(See Section 8); where honorary officials are concerned, they
are to be discharged from office.

(2) (1) Does not apply to officials who have been in service
since August 1, 1914, or who fought in the World War at the
front for the German Reich or for its allies or whose fathers or
sons were killed in the World War. The Reich Minister of the
Interior after consultation with the competent Minister or with
the highest state authorities may permit further exceptions in
the case of officials who are in foreign countries.”

Article 8 provides that retirement does not carry a pension unless the official has served at least ten years. The political purge provision of this law is contained in Article 4:

“Officials who because of their previous political activity do
not offer security that they will exert themselves for the
national state without reservations, may be discharged. For
three months after dismissal, they will be paid their former
salary. From this time on they receive three-quarters of their
pensions (see 8) and corresponding annuities for their heirs.”

The provisions of the Act apply to all Reich, Land, and Communal officials (Art. 1 (2)). Civil Servants may be placed on the retired list without any reason, “for the purpose of simplifying the administration” (Art. 6). Discharges and transfers, once decided on by the appropriate administrative chief, are final and are not subject to appeal (Art. 7 (1)).

This basic enactment was followed by a series of decrees, regulations, and amendments. For example, on 11 April 1933, the term “non-Aryan” was defined to include persons with only one non-Aryan grandparent (_2012-PS_). An amendatory law of 30 June ruled out all civil servants married to non-Aryans. (_1400-PS_)

The political standards of the “Purge Law” were made more explicit by the supplementary law of 20 July 1933. Officials who belonged to any party or organization which, in the opinion of the Nazis, furthered the aims of Communism, Marxism, or Social Democracy were summarily to be discharged (_1398-PS_). In the later years, these earlier provisions were enlarged and codified, no longer solely for the purposes of affecting the existing civil service, but rather to set out the qualifications for the appointment of new applicants and for their promotion. Proof of devotion to National Socialism and documentary proof of acceptable “blood” were prescribed as conditions to promotion. (_2326-PS_)

The comprehensive German Civil Service Law of 26 January 1937 included the discriminatory provisions of the earlier legislation, and prevented the appointment of any applicants opposed or suspected of being opposed to the Nazi program and policy (_2340-PS_). The legislation dealing with the training and education of civil servants provided that no person can be accepted for an official position unless he is a member of the Nazi Party or one of its formations (_Gliederungen_). (_2341-PS_)

The total subjugation of the German civil servant was ultimately accomplished by the following resolution passed by the Reichstag at the request of the Fuehrer.

“* * * without being bound by existing legal provisions, the
Fuehrer must therefore in his capacity as Fuehrer of the nation,
as commander-in-chief of the Armed Forces, as Head of the
Government and as the highest bearer of all power, as highest
Law Lord and as Fuehrer of the Party, always be in a position to
require every German—whether a simple soldier or officer,
subordinate or higher official, or judge, supervisory or
operating functionary of the Party, laborer or employer—to
carry out his duties with all the means available to him and to
discharge these duties according to a conscientious examination
without reference to so-called vested rights, especially without
the preambles of pre-existing procedure, by removal of any man
from his office, rank or position.” (_2755-PS_)

F. _The Nazi conspirators restricted the independence of the judiciary and rendered it subservient to their ends._

The independence of judges, before the Nazi regime, was guaranteed by the Weimar Constitution. The fundamental principle was stated briefly in Article 102:

“Judges are independent and subject only to the law.”
(_2050-PS_)

Article 104 contained a safeguard against the arbitrary removal or suspension of judges, while Article 105 prohibited “exceptional courts”. The fundamental rights of the individual are set out in Article 109 and include equality before the law. (_2050-PS_)

Like all other public officials, German judges who failed to meet Nazi racial and political requirements became the subject of a wide-spread purge. Non-Aryans, political opponents of the Nazis, and all persons suspected of antagonism to the aims of the Party were summarily removed (_2967-PS_). The provisions of the Law for the Restoration of Professional Civil Service of 7 April 1933 applied to all judges. This was declared expressly in the third regulation for the administration of the law. (_2867-PS_)

To make certain that cases with political ramifications would be dealt with acceptably and in conformity with Party principles, the Nazis granted designated areas of criminal jurisdiction to the so-called Special Courts (_Sondergerichte_). These constituted a new system of special criminal courts, independent of the regular judiciary and directly subservient to the Party (_2076-PS_). A later decree considerably broadened the jurisdiction of these courts. (_2056-PS_)

In 1934, the People’s Court was set up as a trial court “in cases of high treason and treason” (_2014-PS_). This action was a direct, result of the dissatisfaction of the Nazi rulers with the decision of the Supreme Court (_Reichsgericht_) in the Reichstag fire trial. Three of the four defendants were acquitted although the Nazi conspirators had expected convictions in all cases (_2967-PS_). The law which created this new tribunal contained a wide definition of treason which would include most of what were regarded by the Nazis as “political” crimes (Art. 3 (1)). The express denial of any appeal from the decisions of the People’s Court (Art. 5 (2)) was a further indication of the intention of the Nazis to set up a criminal law system totally outside of accepted judicial pattern. The substantive organization of the People’s Court was later established by law in 1936. (_2342-PS_)

These new tribunals were staffed almost exclusively with Nazis and were used to tighten the Party’s grip on Germany. This control became progressively stronger, due first, to the power of the prosecutor to pick the appropriate court; second, to the restriction of defense counsel in these courts to specially admitted attorneys; and finally, to the absence of appeal from the decisions of these judges. Moreover, there developed along side of the entire judicial system the increasingly powerful police administration, under which persons opposed to the regime were regularly imprisoned in concentration camps without any type of hearing, even after acquittal by the courts. (_2967-PS_)

Still another group of courts was established within the Party itself. These Party Courts heard cases involving internal party discipline and infractions of the rules of conduct prescribed for members of formations and affiliated organizations. The published rules for the Party judges emphasized the complete dependence of these judges upon the directions and supervision of their Party superiors. (_2402-PS_)

The Nazi legal theorists freely admitted that there was no place in their scheme of things for the truly independent judge. They controlled all judges through special directives and orders from the central government. Frank underscored the role of the judge as a political functionary and as an administrator in the National Socialist state (_2378-PS_). Two case histories of this period serve to illustrate the manner in which criminal proceedings were directly suppressed or otherwise affected by order of the Reich government.

In 1935, the Reich Governor of Saxony, Mutschmann, attempted to quash criminal proceedings which, in this exceptional instance, had been brought against officials of the Hohnstein concentration camp for a series of extremely brutal attacks upon inmates. The trial was held and the defendants convicted, but during the trial the governor inquired of the presiding judge whether he did not think the penalty proposed by the prosecutor too severe and whether an acquittal was not indicated. After the conviction, two jurymen were ousted from the NSDAP and the prosecutor was advised by his superior to withdraw from the SA. Although Guertner, the then Minister of Justice, strongly recommended against taking any action to alter the decision, Hitler pardoned all the accused. (_783-PS_; _784-PS_; _785-PS_; _786-PS_)

In another similar case, Guertner wrote directly to Hitler narrating the horrible details of maltreatment and advising that the case be regularly prosecuted. Nevertheless, Hitler ordered complete suppression of the proceedings. (_787-PS_; _788-PS_)

Under the Nazi regime, it was part of the official duty of many Party functionaries to supervise the administration of justice. The official papers of Hess contain detailed statements concerning his own functions and those of the Gauleiter in deciding criminal cases. (_2639-PS_)

Another type of governmental interference in judicial matters is evidenced by the confidential letter which the Ministry of Justice sent in early 1938 to the Chief Justices of the Regional Supreme Courts (_Oberlandesgerichtspraesidenten_). The judges were instructed to submit lists of lawyers who would be sufficiently able and trustworthy to represent in court persons who had been taken into “protective custody”. The main requirement was absolute political reliability. Simple Party membership was not enough; to be selected, the lawyer had to enjoy the confidence of the “Gestapo”. (_651-PS_)

After the war began, Thierack, Minister of Justice, revealed the low state to which the judiciary had fallen under Nazi rule. He argued that the judge was not the “supervisor” but the “assistant” of the government. He said that the word “independent”, as applied to the judge, was to be eliminated from the vocabulary and that although the judge should retain a certain freedom of decision in particular cases, the government “can and must” give him the “general line” to follow. For this purpose, Thierack decided in 1942 to send confidential Judge’s Letters (_Richterbriefe_) to all German judges and prosecutors, setting forth the political principles and directives with which all judicial personnel were obligated to comply (_2482-PS_). The first of these Judge’s Letters clearly expresses the complete subordination of the judges to the Fuehrer and his government. (_D-229_)

G. _The Nazi conspirators greatly enlarged existing State and Party organizations and established an elaborate network of new formations and agencies._

The totalitarian character of the Nazi regime led to the establishment of a great number of new official and semi-official agencies and organizations in the various fields of life which were permeated by Nazi doctrine and practice, including culture, trade, industry, and agriculture.

New agencies had to be created to handle the large number of additional administrative tasks taken over from the Laender and the municipalities. Moreover, the mobilization of the political, economic, and military resources of Germany required the formation of such coordinating “super-agencies” as the Four Year Plan, the Plenipotentiary for Economics, the Plenipotentiary for Administration, and the Ministerial Council for the Defense of the Reich. At the time of the launching of war, the central Reich government was an extremely complicated structure held together under strict Nazi dictatorship. (See _Chart Number 18_; also _2261-PS_; _2194-PS_; _2018-PS_.)

Simultaneously, in the Party, the growth of agencies and organizations proceeded rapidly. The Party spread, octopus-like, throughout all Germany and into many foreign lands. (See _Chart Number 1_; also _1725-PS_.)

This process of growth was summed up late in 1937 in an official statement of the Party Chancellery:

“In order to control the whole German nation in all spheres of life, the NSDAP, after assuming power, set up under its leadership the new Party formations and affiliated organizations.” (_2383-PS_)

H. _The Nazi conspirators created a dual system of government controls, set up Party agencies to correspond with State agencies, and coordinated their activities, often by uniting corresponding State and Party offices in a single person._

In _Mein Kampf_, Hitler announced the conspirators’ purpose:

“Such a revolution can and will only be achieved by a movement
which itself is already organized in the spirit of such ideas
and thus in itself already bears the coming state. Therefore,
the National Socialist movement may today become imbued with
these ideas and put them into practice in its own organization
so that it not only may direct the state according to the same
principles, but also may be in a position to put at the state’s
disposal the finished organizational structure of its own
state.” (_2883-PS_)

The Nazis attempted to achieve a certain degree of identity between the Party and the State and, at the same time, to maintain two separate organizational structures. After the rise to power, the fundamental principle of unity was translated into “law”:

“Article 1. After the victory of the National Socialistic
Revolution, the National Socialistic German Labor Party is the
bearer of the concept of the German State and is inseparably the
state.” (_1395-PS_)

The manner in which the Nazis retained a duality of organization despite the theory of unity is graphically portrayed in the charts of the Party and the State (_Charts Number 1 and 18_). These visual exhibits demonstrate the comprehensive character of the Party organization, which was established on parallel lines with the corresponding government structure. The Party structure remained at all times technically separate and could be used for non-governmental purposes whenever such use best served the needs of the conspirators. In innumerable instances, the corresponding Party and State offices were, in fact, held by the same person. For example, the Gauleiter of the Party in most instances also held the post of Reich Governor (or, in Prussia, that of Provincial President). (_2880-PS_)

The coordination of the Party and State functions started at the top. The Chief of the Party Chancellery was designated a Reich Minister and endowed with plenary powers in the preparation and approval of legislation. He acted as liaison officer at the highest level between Party officials and cabinet ministers. He was given also the duty of passing on the appointment of all the more important civil servants. (_2787-PS_)

Many of the same powers were bestowed upon the other _Reichsleiter_ (Leaders composing the Party Directorate). The official Nazi exposition of their position is as follows:

“It is in the Reich Directorate where the strings of the
organization of the German people and the State meet. By
endowment of the Chief of the Party Chancellery with the powers
of a Reich Minister, and by special administrative directives,
the penetration of the State apparatus with the political will
of the Party is guaranteed. It is the task of the separate
organs of the Reich Directorate to maintain as close a contact
as possible with the life of the nation through their
sub-offices in the Gaus. Observations at the front are to be
collected and exploited by the offices of the Reich
Directorate.” (_1893-PS_)

On the regional and local levels, the _Gauleiter_, _Kreisleiter_, etc., were also empowered to control the purely governmental authorities on political matters. Hess issued the following order shortly after the war began:

“I, therefore order that the bearer of sovereignty
(_Hoheitstraeger_) of the NSDAP (_Gauleiter_, _Kreisleiter_,
_Ortsgruppenleiter_) in the scope of his authority is
responsible for the political leadership and the frame of mind
(_Stimmung_) of the population. It is his right and his duty to
take or to cause to be taken any measures necessary for the
expeditious fulfillment of his political duties and for the
elimination of wrong within the Party. He is exclusively
responsible to his superior bearers of sovereignty
(_Hoheitstraeger_).” (_2383-PS_)

In the later years, the functional coordination of Party and State offices became much more common. The appointment of Himmler as Reichsfuehrer SS and Chief of the German Police is a typical example of the way in which State and Party functions became inextricably merged so as to render any clean lines of demarcation impossible. (_2073-PS_)

* * * * *

LEGAL REFERENCES AND LIST OF DOCUMENTS RELATING TO CONSOLIDATION OF
TOTALITARIAN POLITICAL CONTROL