Archive/File: imt/nca/nca-02/nca-02-15-criminality-03-06 Last-Modified: 1996/12/28 Hess himself made pertinent comment on his right of participation on behalf of the party, in a letter dated 9 October 1934, on the stationery of the NSDAP, addressed to the Reich Minister for Enlightenment of the People and Propaganda (D-139: "By a decree of the Fuehrer dated 27 July 1934, I have been granted the right to participate in the legislation of the Reich as regards both formal laws and legal ordinances. This right must not be rendered illusory by the fact that I am sent the drafts of laws and decrees so late and am then given a limited time, so that it becomes impossible for me to deal with the material concerned during the given time. I must point out that my participation means the taking into account of the opinion of the NSDAP as such, and that in the case of the majority of drafts of laws and decrees, consult with the appropriate departments of the Party before making my comment. Only by proceeding in this manner can I do justice to the wish of the Fuehrer as expressed in the decree of the Fuehrer of 27 July 1934. "I must therefore ask the Reich Ministers to arrange that drafts of laws and decrees reach me in sufficient time. Failing this, I would be obliged in future to refuse my agreement to such drafts from the beginning and without giving the matter detailed attention, in all cases where I am not given a sufficiently long period for dealing with them. "[signed] R. Hess." (D-139). [Page 112] A handwritten note attached to the letter reads: "1. The identical letter seems to have been addressed to all Reich Ministers. In our special field the decree of 27 July 1934 has hardly become applicable so far. A reply does not seem called for. "2. File in file 7B (?) "[signed] "R" (D-139). The participating powers of Hess were later broadened, according to a letter dated 12 April 1938 from Doctor Lammers to the Reich Ministers (D-140): "*** The Deputy of the Fuehrer will also have participation where the Reich Ministers give their agreement to the State Laws and legislative ordinances of States under paragraph 3 of the first decree concerning reconstruction of the Reich of 2 February 1934 (Reich Law Gazette I 81). Where the Reich Ministers have already, at an earlier date been engaged in the preparation of such laws or legislative ordinances, or have participated in such preparation, the Deputy of the Fuehrer likewise becomes participating Reich Minister. Laws and legislative decrees of the Austrian State are equally affected hereby. "[signed] Dr. LAMMERS" (D-140). After Hess' flight to England, Bormann, as Leader of the Party Chancellery, took over the same functions. He was given the authority of a Reich Minister and made a member of the cabinet. (2099-PS) The Nazi constitutional lawyer, Ernst Rudolf Huber, has this to say about the unity of party and Cabinet (1774-PS): "Unity of party and Reich-Cabinet (Reichsregierung) is furthermore secured by the numerous personal unions i.e. association of Central State Offices with corresponding party offices. Such personal unions exist in the cases of Food Minister and the Propaganda Minister, the Chief of the German Police and the Reich Labor Leader, the Chief of the Organization in foreign countries, and the Reich Youth Fuehrer. Furthermore, the majority of the Reich Ministries is occupied by leading old party members. Finally, all Reich Ministers have been accepted by the party on 30 January 1937 and have been decorated with golden party insignia." (1774- PS) In 1943, out of 16 Reich Leaders (Reichsleiters) of the NSDAP, eight were members of the Cabinet: Martin Bormann; Walter Darre, Otto Dietrich; Wilhelm Frick; Paul Josef Goebbels; Constantin Hierl; Heinrich Himmler; Alfred Rosenberg (2473-PS). Through its domination of the Cabinet the Nazi Party strove to secure the fulfilment of its program under a facade of legality. (a) Decrees of the Ordinary Cabinet. To the Nazi Cabinet, the Nazi Party program of 25 points (1708-PS) was more than a mere political platform; it was a mandate for action. And the Cabinet acted. Point 1 of this program declared: "We demand the inclusion of all Germans in a greater Germany on the grounds of the right of self- determination.". (1708-PS) In implication of this demand the Nazi Cabinet enacted, among others, the following laws: the law of 3 February 1938 concerning the obligation of German citizens in foreign countries to register (1938 Reichsgesetzblatt, Part I, page 113); the law of 13 March 1938 for the reunion of Austria with Germany ( 1938 Reichsgesetzblatt, Part I, page 237) (2307-PS); the law of November 1938 for the reintegration of the German Sudetenland with Germany (1938 Reichsgesetzblatt, Part I, page 1641); the law of 23 March 1939 for the reintegration of Memel in Germany (1939 Reichsgesetzblatt, Part I, page 559). Point 2 of the Party platform stated in part: "We demand *** the cancellation of the treaties of Versailles and St. Germain." (1708-PS) The following acts of the Cabinet supported this part of the program: The proclamation of 14 October 1933 to the German people concerning Germany's withdrawal from the League of Nations and the Disarmament Conference (1933 Reichsgesetzblatt, Part I, page 730); the proclamation and law of 16 March 1935, for the establishment of the Wehrmacht and compulsory military service (1935 Reichsgesetzblatt, Part I, pages 369, 375) (1654-PS); and the defense law of 21 May 1935 implementing the last-named law (1935 Reichsgesetzblatt, Part I; page 609). Point 4 of the Party platform read as follows: "Only those who are members of the 'Volk' can be citizens. Only those who are of German blood, without regard to religion, can be members of the 'Volk'. No Jew, therefore, can be a member of the 'Volk'." Among the cabinet laws which implemented this point were these: the law of 14 July 1933 for the recall of naturalization and the deprivation of citizenship (1933 Reichsgesetzblatt, Part I, page 480); the law of 7 April 1933 permitting persons of non-Aryan descent to be refused permission to practice law (1933 Reichs- [Page 114] gesetzblatt, Part I, page 188) (1401-PS); the law of 25 April 1933 restricting the number of non-Aryans in schools and higher institutions (1933 Reichsgesetzblatt, Part I, page 225) (2022-PS); the law of 29 September 1933 excluding persons of Jewish blood from the peasantry (1933 Reichsgesetzblatt, Part I, page 685) (1402-PS); the law of 26 June 1936, forbidding people of Jewish blood to hold positions of authority in the army (1936 Reichsgesetzblatt, Part I, page 518) (1398-PS); the law of 19 March 1937 excluding Jews from the Reich Labor Service (1937 Reichsgesetzblatt, Part I, page 325); the law of 28 March 1938 on the legal status of Jewish religious communities 1938 Reichsgesetzblatt, Part I, page 338); and the law of 6 July 1938 prohibiting Jews from participating in six different types of business (1938 Reichsgesetzblatt, Part I, page 823). Point 23 of the platform proclaimed: "We demand legislative action against conscious political lies and their broadcasting through the press." (1708-PS) To carry out this point numerous Cabinet laws were passed, of which the following are merely examples: the law of 22 September 1933 for the establishment of the Reich Culture Chamber (1933 Reichsgesetzblatt, Part I, page 661) (2082- PS); the law of 4 October 1933 regarding editors (1933 Reichsgesetzblatt, Part I, page 713) (2083-PS); and the law of 15 May 1934 regarding the theater (1934 Reichsgesetzblatt, Part I, page 411). All the laws referred to above and hereafter were enacted specifically in the name of the Cabinet (Reichsregierung). A typical introductory paragraph reads: "The Reich Cabinet (de Reichsregierung) has enacted the following law which is hereby promulgated. ***" [Law of 1 August 1934, 1934 Reichsgesetzblatt, Part I, page 747]. (200-PS) In furtherance of the Nazi plans to acquire totalitarian control of Germany (cf. Section 1-2 of Chapter VII), the Cabinet passed the following laws: Law of 26 May 1933, providing for the confiscation of Communist property (1933 Reichsgesetzblatt, Part I, page 293) (1396-PS); Law of 14 July 1933 against the new establishment of parties 1933 Reichsgesetzblatt, Part I, page 479); Law of 14 July 1933 providing for the confiscation of property of Social Democrats and others (1933 Reichsgesetzblatt, Part I, page 479) (1388-PS); and Law of 1 December 1933 securing the unity of party and state (1933 Reichsgesetzblatt, Part I, page 016. (1395-PS) In the course of consolidating Nazi control of Germany, (cf.- [Page 115] Section 3 of Chapter VII) the following laws were enacted by the Cabinet: Decree of the Cabinet, 21 March 1933, creating special courts (1933 Reichsgesetzblatt, Part I, page 136) (2076-PS); Law of 31 March 1933 for the integration of States into the Reich (1933 Reichsgesetzblatt Part I, page 153) (2004-PS); Law of 7 April 1933 for the reestablishment of the Professional Civil Service 1933 Reichsgesetzblatt, Part I, page 175) (1397-PS); law of 7 April 1933 for the integration of states into the Reich (1933 Reichsgesetzblatt, Part I, page 173) (2005-PS); Law of 30 June 1933 eliminating non-Aryan civil servants or civil servants married to non-Aryans (1933 Reichsgesetzblatt, Part I, page 433) (1400-PS ); Law of 20 July 1933 providing for the discharge of Communist officials (1933 Reichsgesetzblatt, Part I, page 518) (198-PS); Law of 24 April 1934 creating the People's Court (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of August 1934 uniting the office of President and Chancellor (1934 Reichsgesetzblatt, Part I, page 747) (2003-PS); Law of 30 January 1935, Reich Governors Law, further reducing the independence of the states (1935 Reichsgesetzblatt, Part I, page 65); Law of 30 January 1935 providing for the abolition of representatives or deliberative bodies in the municipalities (1935 Reichsgesetzblatt, Part I, page 49) (2008-PS); Law of 26 January 1937, the comprehensive civil service law (1937 Reichsgesetzblatt, Part I, page 39); and Law of 18 March 1938 providing for the submission of one list of candidates to the electorate for the entire Reich (1938 Reichsgesetzblatt, Part I, page 258). Nazi extermination of political internal resistance in Germany, through the purge of political opponents and through acts of error, (cf. Section 4 of Chapter VII), was facilitated and legalized by the following Cabinet laws: Law of 14 July 1933 against the new establishment of parties (containing a penal clause) (1933 Reichsgesetzblatt, Part I, page 479 (188-PS); Law of 3 July 1934 concerning measures for emergency defense of the State (legalizing the Roehm purge) (1934 Reichsgesetzblatt, Part I, page 529 (2057-PS); Law of 20 December 1934 on treacherous t against state and party and for the protection of party uniforms (1934 Reichsgesetzblatt, Part I, page 1269) (1393-PS); Law of 24 April 1934 making the creation of new or continuance of existing parties an act of treason (1934 Reichsgesetzblatt, Part I, page 341) (2014-PS); Law of 28 June 1935 changing the Penal code permitting punishment under analogous law (1935 Reichsgesetzblatt Part I, page 839) (1962-PS); Law of 16 September [Page 116] 1939 permitting second prosecution of a acquitted person before a special court, the members of which were named by Hitler (1939 Reichsgesetzblatt, Part I, page 1841). (2550-PS)
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