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Teaching the Holocaust and other Genocides
 
Created in collaboration with the Holocaust & Human Rights Center, the NYS Education Department, and the NYS Archives Partnership Trust.

The Reichstag Fire and the Enabling Act

The Path to Nazi Dictatorship 

The Reichstag Fire and the Enabling Act of 1933 were pivotal in Adolf Hitler’s transformation from Chancellor of Germany into its unchallenged dictator. While the Reichstag Fire served as the dramatic catalyst, the Enabling Act provided the legal framework for dismantling the Weimar Republic and establishing totalitarian rule. These events mark a chilling lesson in how crises can be used—or manufactured—to erode democratic institutions and civil liberties. This essay explores the causes, consequences, and historical significance of both the Reichstag Fire and the EReichstag.jpgnabling Act. 

On the night of February 27, 1933, the Reichstag building in Berlin, home of the German parliament, was engulfed in flames. Firefighters   responded quickly, but the damage was substantial. Inside the building, police arrested a 24-year-old Dutch communist named Marinus van der Lubbe, who claimed sole responsibility for the act, framing it as a protest against capitalism.  The fire occurred just weeks after Adolf Hitler had been appointed Chancellor by President Paul von Hindenburg on January 30, 1933. Hitler was leading a coalition government and had not yet secured total power. The fire was immediately seized upon by Hitler and other Nazi leaders as evidence of an alleged Communist plot to overthrow the government. 

The day after the fire, on February 28, 1933, Hindenburg, under Hitler’s urging, issued the Decree of the Reich President for the Protection of People and State, also known as the Reichstag Fire Decree. This emergency decree: 

  • Suspended civil liberties such as freedom of speech, press, assembly, and privacy. 
  • Authorized the detention of political opponents without trial. 
  • Enabled the confiscation of property and censorship of publications. 
  • Allowed central intervention in German states (Länder), undermining federalism. 

This decree effectively gave the Nazi regime the power to eliminate political opposition, especially the Communist Party (KPD) and the Social Democrats (SPD), which were Hitler’s main adversaries. 

On March 5, 1933, Germany held national elections. Despite Nazi control of media and political violence by the SA (Sturmabteilung), the Nazis failed to secure an outright majority, receiving 43.9% of the vote. However, with support from the German National People’s Party (DNVP) and the silencing of the Communist deputies (many of whom had been arrested), the Nazis were able to move forward with their plan to seize total control. 

On March 23, 1933, the Enabling Act (officially titled the “Law to Remedy the Distress of People and Reich”) was passed by the Reichstag. This law effectively nullified the Weimar Constitution by granting Hitler and his cabinet the power to enact laws without parliamentary consent, even if those laws violated the constitution. The key provisions: 

  • The government could pass laws without Reichstag approval for four years. 
  • Laws could deviate from the constitution. 
  • The act was passed with 444 votes to 94, with only the Social Democrats voting against it. Communist members were barred from attending. 

The passage of the Enabling Act marked the formal end of the Weimar Republic and the beginning of Hitler's legal dictatorship. It was ratified in a climate of fear and intimidation, with SA troops surrounding the Reichstag building on the day of the vote. 

Following the Enabling Act, all political parties, except the Nazi Party, were banned by July 1933.  Trade unions were dissolved and replaced with the German Labor Front.  Regional parliaments were abolished, and the media were placed under Nazi control.  In short, Germany became a one-party totalitarian state.  These events paved the way for the Nazi regime’s atrocities, including the suppression of dissent, militarization, and ultimately, the Holocaust and World War II. 

Historians continue to debate the extent of Nazi involvement in the Reichstag Fire. Some argue that Van der Lubbe acted alone, while others claim the Nazis orchestrated the fire to justify authoritarian measures. The lack of concrete evidence has allowed conspiracy theories to flourish. However, regardless of who started the fire, the Nazi regime’s exploitation of the event to dismantle democracy is indisputable. The Enabling Act stands as a stark example of legal authoritarianism—how tyranny can be implemented not through revolution but through legislation.  The Reichstag Fire and the Enabling Act were not isolated incidents but interconnected components of the Nazi rise to power. Together, they illustrate how fear, emergency powers, and legal manipulation can be used to transform a democracy into a dictatorship. These events serve as a powerful warning about the fragility of democratic institutions in the face of authoritarian ambition. 

Discussion Questions

  1. What role did the Reichstag Fire play in Hitler’s path to absolute power? 
  2. To what extent did the German public support or resist the Nazi seizure of power after the Reichstag Fire? 
  3. Could the Weimar Republic have survived without the Reichstag Fire? 
  4. How did the Enabling Act differ from other legislative actions in democratic countries during times of crisis? 
  5. What does the passage of the Enabling Act reveal about the weaknesses of the Weimar Constitution? 
  6. How did propaganda and political violence contribute to the Nazi consolidation of power? 
  7. Was Marinus van der Lubbe a lone arsonist, or a scapegoat? What evidence supports each view? 
  8. How can democratic institutions guard against the kind of authoritarian takeover seen in 1933 Germany? 


 

Sources

Bullock, Alan. Hitler: A Study in Tyranny. New York: Harper Perennial, 1991. 

Evans, Richard J. The Coming of the Third Reich. New York: Penguin Books, 2004. 

Haffner, Sebastian. Defying Hitler: A Memoir. New York: Farrar, Straus and Giroux, 2002. 

Kershaw, Ian. Hitler: A Biography. New York: W. W. Norton & Company, 2008. 

Longerich, Peter. Hitler: A Life. New York: Oxford University Press, 2019. 

Shirer, William L. The Rise and Fall of the Third Reich. New York: Simon & Schuster, 1960. 

Stackelberg, Roderick and Sally A. Winkle. The Nazi Germany Sourcebook: An Anthology of Texts. London: Routledge, 2002. 

Turner, Henry Ashby. Hitler's Thirty Days to Power: January 1933. Reading, MA: Addison-Wesley, 1996.