be party members" ... The inner
organization of the party must therefore bring the national
life which is concentrated within itself to manifestation
and development in all the fields of national endeavor in
which the party is represented.[60]
Gauweiler defines the relationship of the party to the state in the
following terms:
The party stands above and beside the state as the wielder
of an authority derived from the people with its own
sovereign powers and its own sphere of sovereignty ... The
legal position of the party is therefore that of a
completely sovereign authority whose legal supremacy and
self-sufficiency rest upon the original independent
political authority which the Fuehrer and the movement have
attained as a result of their historical achievements.[61]
Neesse states that "It will be the task of National Socialism to lead
back the German people to an organic structure which proceeds from a
recognition of the differences in the characters and possibilities of
human beings without permitting this recognition to lead to a cleavage
of the people into two camps."[62] This task is the responsibility of
the party. Although it has become the only political party in Germany,
the party does not desire to identify itself with the state. It does
not wish to dominate the state or to serve it. It works beside it and
cooperates with it. In this respect, Nazi Germany is distinguished
from the other one-party states of Europe: "In the one-party state of
Russia, the party rules over the state; in the one-party state of
Italy, the party serves the state; but in the one-party state of
Germany, the party neither serves the state nor rules over it directly
but works and struggles together with it for the community of the
people."[63] Neesse contends that the party derives its legal basis
from the law inherent in the living organism of the German _Volk_:
The inner law of the NSDAP is none other than the inner law
of the German people. The party arises from the people; it
has formed an organization which crystallizes about itself
the feelings of the people, which seemed buried, and the
strength of the people, which seemed lost.[64]
Neesse states that the party has two great tasks--to insure the
continuity of national leadership and to preserve the unity of the
_Volk_:
The first main task of the party, which is in keeping with
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