similar to that of the plebiscite: The lawgiving power does
not rest in the Reichstag; it merely proclaims through its
decision its agreement with the will of the Fuehrer, who is
the lawgiver of the German people.[48]
Huber also shows how the position of the Fuehrer developed from the
Nazi Party movement:
The office of the Fuehrer developed out of the National
Socialist movement. It was originally not a state office;
this fact can never be disregarded if one is to understand
the present legal and political position of the Fuehrer. The
office of the Fuehrer first took root in the structure of the
Reich when the Fuehrer took over the powers of the Chancelor,
and then when he assumed the position of the Chief of State.
But his primary significance is always as leader of the
movement; he has absorbed within himself the two highest
offices of the political leadership of the Reich and has
created thereby the new office of "Fuehrer of the people and
the Reich." That is not a superficial grouping together of
various offices, functions, and powers ... It is not a union
of offices but a unity of office. The Fuehrer does not unite
the old offices of Chancelor and President side by side
within himself, but he fills a new, unified office.[49]
The Fuehrer unites in himself all the sovereign authority of
the Reich; all public authority in the state as well as in
the movement is derived from the authority of the Fuehrer.
We must speak not of the state's authority but of the
Fuehrer's authority if we wish to designate the character of
the political authority within the Reich correctly. The
state does not hold political authority as an impersonal
unit but receives it from the Fuehrer as the executor of the
national will. The authority of the Fuehrer is complete and
all-embracing; it unites in itself all the means of
political direction; it extends into all fields of national
life; it embraces the entire people, which is bound to the
Fuehrer in loyalty and obedience. The authority of the Fuehrer
is not limited by checks and controls, by special autonomous
bodies or individual rights, but it is free and independent,
all-inclusive and unlimited. It is not, however,
self-seeking or arbitrary and its ties are within itself. It
is derived from the people
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