Archive/File: imt/nca/nca-02/nca-02-15-criminality-03-05 Last-Modified: 1996/12/28 Other important powers and functions contained in the ordinary cabinet were not included in the foregoing list. or example, upon the creation of the People's Court on 24 April 1934) it was placed within the jurisdiction of the Ministry of Justice (2014-PS). With the acquisition and occupation of new territories, the integration and coordination thereof were placed within the Ministry of the Interior. The Reich Minister of the Interior, Frick, (in some cases in cooperation with other Reich Ministers) was, by law, given regulatory powers over such territories. The territory and the applicable law may be listed as follows: (1) The Saar (1935, Reichsgesetzblatt Part I, page 66). (2) Austria (1938, Reichsgesetzblatt, Part I, page 237). (3) Memel (1939, Reichsgesetzblatt, Part I, page 54). (4) Bohemia and Moravia (1939, Reichsgesetzblatt, Part I, page 485). (5) Sudetenland (1939, Reichsgesetzblatt, Part I, page 780). (6) Danzig (1939, Reichsgesetzblatt, Part I, page 1547. [Page 108] (7) Incorporated Poland (1939, Reichsgesetzblatt, Part I, page 2042). (8) Occupied Poland (1939, Reichsgesetzblatt, Part I, page 2077). (9) Eupen, Malmedy and Moresnet (1940, Reichsgesetzblatt, Part I, page 803). (10) Norway (1941, Reichsgesetzblatt, Part I, page 765). Such were the powers and functions of the ordinary cabinet. (2) The Secret Cabinet Council. Of the other two subdivisions of the Reichsregierung -- the Secret Cabinet Council and the Ministerial Council -- the Secret Cabinet Council had no legislative or administrative powers. It was created by Hitler on 4 February 1938 "To advise me in conducting the foreign policy ***." (2031-PS) Its position in the Nazi regime is described by Ernst Rudolf Huber, a leading Nazi Constitutional Lawyer, in his book entitled "Verfassungsrecht des Grossdeutschen Reiches" ("Constitutional Law of the Greater German Reich"). In this book, which was an authoritative, widely used work on Nazi Constitutional Law, Huber States (1774-PS): "A privy cabinet council, to advise the Fuehrer in the basic problems of foreign policy, has been created by the decree of 4 February 1938 (RGBI. I, 112). This privy cabinet council is under the direction of Reich Minister v. Neurath, and includes the Foreign Minister, the Air Minister, the Deputy Commander for the Fuehrer, the Propaganda Minister, the Chief of the Reich Chancellery, the Commanders-in-Chief of the Supreme Command of the Armed Forces. The privy cabinet council constitutes a select staff of collaborators of the Fuehrer which consists exclusively of members of the Government of the Reich; thus, it represents a select committee of the Reich Government for the deliberation on foreign affairs." (1774-PS) (3) The Council of Ministers for the Defense of the Reich. The powers concentrated in the Ministerial Council, which did possess legislative and administrative functions, at its creation in 1939, are best expressed by the lecture which Frick gave before the University of Freiburg on 7 March 1940. The lecture, published in a pamphlet entitled "The Administration in Wartime," contains these statements (2608-PS): "*** The composition of the Ministerial Council for [Page 109] the defense of the Reich shows the real concentration of power in it. General Field Marshal Goering is the chairman and also the Supreme Director of the War Economy and Commissioner for the our Year Plan. He is joined by the Plenipotentiary General for the Reich Administration, who directs the entire civilian administration with the exception of the economic administration, and the Plenipotentiary General for Economy. The Chief of the High Command of the Armed Forces is the liaison man to the Armed Forces. It is primarily his duty to coordinate the measures for civilian defense in the area of administration and economy with the genuine military measures for the defense of the Reich. The Deputy of the Fuehrer represents the Party, thus guaranteeing the unity between Party and State also within the Ministerial Council for the Defense of the Reich. The Reich Minister and Chief of the Reich Chancellery is in charge of the business management of the Ministerial Council for the Defense of the Reich." ******* "The Ministerial Council for the Defense of the Reich, the highest legislative and executive organ in wartime next to the Fuehrer, created a subordinate organ for the purpose of the defense of the Reich: The Commissioners for the Reich Defense, who have their headquarters at the seat of the individual corps area." (2608-PS) With such power concentrated in the Reichsregierung and to such a high degree, the Nazi conspirators possessed a formidable weapon to effectuate their plans. D. Acts and Decrees of the Reichsregierung. Under the Nazi regime the Reichsregierung became the instrument of the Nazi party. (1) Execution of the Nazi Party Program. In the original Cabinet of 30 January 1933 only three cabinet members were members of the Party -- Goering, Frick, and Hitler. As new Ministries were added to the Cabinet, prominent Nazis were placed at their head. On 30 January 1937, Hitler accepted into the Party those Cabinet members who were not already members. This action is reported in the Voelkischer Beobachter, South German Edition, of 1 February 1937 (2964-PS): "In view of the anticipated lifting of the ban for party membership, the Fuehrer, as the first step in this regard, personally carried out the enlistment into the party of the [Page 110] members of the Cabinet, who so far had not belonged to it and he handed them simultaneously the Gold Party Badge, the supreme badge of honor of the party. In addition, the Fuehrer awarded the Gold Party Badge to Generaloberst Freiherr von Fritsch; Generaladmiral Dr. H. C. Raeder; the Prussian Minister of Finance, Professor Popitz; and the Secretary of State and Chief of the Presidential Chancellery, Dr. Meissner. "The Fuehrer also honored with the gold party badge the party members State Secretary Dr. Lammers, State Secretary Funk, State Secretary Koerner and State Secretary General of the Airforce Milch." It was possible to refuse the party membership thus conferred. Only one man, von Eltz-Rubenach, who was the Minister of Post and Minister of Transport at the time, did this. His letter from von Eltz-Rubenach to Hitler, dated 30 January 1937, reads as follows (1534-PS): "I thank you for the confidence you have placed in me during the four years of your leadership and for the honor you do me in offering to admit me to the party. My conscience forbids me however to accept this offer. I believe in the principles of positive Christianity and must remain faithful to my Lord and to myself. Party membership however would mean that I should have to face without contradiction the steadily aggravating attacks by party offices on the Christian confessions and those who want to remain faithful to their religious convictions. "This decision has been infinitely difficult for me. For never in my life have I performed my duty with greater joy and satisfaction than under your wise state leadership. "I ask to be permitted to resign. "With German Greetings: Yours very obediently, "(signed) Baron v. Eltz" (1554-PS). But the Nazis did not wait until all members of the cabinet were party members. Shortly after they came to power, they quickly assured themselves of active participation in the work of the Cabinet. On 1 December 1933, the Cabinet passed a law securing the unity of party and state (1395-PS). In Article 2 of that law the Deputy of the Fuehrer, Hess, and the Chief of Staff of the SA, Roehm, were made members of the Cabinet (195-PS). Lest mere membership in the Cabinet would not be effective, Hitler endowed his deputy with greater powers of participation. An [Page 111] unpublished decree signed by Hitler, dated 27 July 1934, and addressed to the Reich Ministers, provides (D-138): "I decree that the Deputy of the Fuehrer, Reich Minister Hess, will have the capacity of a participating Reich Minister in connection with the preparation of drafts for laws in all Reich Administrative spheres. All legislative work is to be sent to him when it is received by the other Reich Minister concerned. This also applies in cases where no one else participates except the Reich Minister making the draft. Reich Minister Hess will be given the opportunity to comment on drafts suggested by experts. "This order will apply in the same sense to legislative ordinances. The Deputy of the Fuehrer in his capacity of Reich Minister can send as representative an expert on his staff. These experts are entitled to make statements to the Reich Ministers on his behalf. "[signed] Adolph Hitler" (D-138).
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