Reichstag Fire Decree

Hitler had been appointed Chancellor of Germany only four weeks previously, on 30 January 1933, when he was invited by President von Hindenburg to lead a coalition government.

Hitler almost immediately blamed the Communist Party of Germany (KPD) for causing the blaze, and believed the fire would result in increased support for the Nazis.

"[1] The Nazis framed the burning of the Reichstag building as an opening salvo in a communist uprising, capitalizing on the fear of communism commonly held across German society.

It has been determined that starting today 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…[2] Within hours of the fire, dozens of Communists had been thrown into jail.

The next day, officials in the Prussian Ministry of the Interior, which was led by Hermann Göring, discussed ways to provide legal cover for the arrests.

Ludwig Grauert, the chief of the Prussian state police, proposed an emergency presidential decree under Article 48 of the Weimar Constitution, which gave the president the power to take any measure necessary to protect public safety without the consent of the Reichstag.

Justice Minister Franz Gürtner, a member of the Nazis' coalition partner, the German National People's Party (DNVP), had actually brought a draft decree before the cabinet on the afternoon of 27 February.

Though Vice Chancellor Franz von Papen objected to the clause giving the Reich cabinet the power to take over the state governments if necessary, the decree was approved.

Not only did they fear a violent uprising, but they hoped the KPD's presence on the ballot would siphon off votes from the Social Democratic Party (SPD).

As it turned out, the session took place in such an atmosphere of fear and intimidation that it would have most likely had the required majority even if all KPD and SPD deputies had been present.

The Reichstag Fire Decree remained in force for the duration of the Nazi era, allowing Hitler to rule under what amounted to martial law.

The Nazis' use of the Reichstag Fire Decree to give their dictatorship the appearance of legality, combined with the broader misuse of Article 48, was fresh on the minds of framers of the postwar Basic Law for the Federal Republic of Germany.