discussions of foreign policy with foreigners. Only such
persons as have been designated by the Fuehrer are entitled
to do so.[81]
The Totalitarian State
The Weimar Constitution, although never formally abrogated by the
Nazis, was rendered totally ineffectual by two basic laws, promulgated
within two months after the seizure of power by the party. The first
of these was the "Decree of the Reich's President for the Protection
of the People and State" (document 11-I, _post_ p. 215), issued
February 28, 1933, the day after the Reichstag was burned down. It
suspended "until further notice"[82] articles of the Weimar
Constitution guaranteeing essential democratic rights of the
individual. Thus, according to article I of this decree, "restrictions
on personal liberty, on the right of free expression of opinion,
including freedom of the press, on the right of assembly and the right
of association, and violations of the privacy of postal, telegraphic,
and telephonic communications, and warrants for house-searches, orders
for confiscations as well as restrictions on property, are also
permissible beyond the legal limits otherwise prescribed."[83] The
abrogation by the Nazis of these fundamental rights of democracy has
never been repealed or amended. In fact, this decree represents the
presupposition and confirmation of the police sway established
throughout Germany by the Nazis.[84]
The second basic law, known as the "Enabling Act," the "Law To Remove
the Distress of People and State," of March 24, 1933 (document 11-II,
_post_ p. 217), swept away parliamentary government entirely. By
abrogating the pertinent articles of the Weimar Constitution, it
enabled the Nazi Cabinet under Hitler's chancelorship to appropriate
money and legislate without any responsibility to the Reichstag or any
obligation to respect the Constitution.
The dissolution of democracy in Germany was sealed by the unification
of the authoritarian Nazi Party with the German state. Soon after the
party came to power in 1933, steps were taken to effect and secure
this unity. The process is described by Huber (document 1, _post_ p.
155) as follows:
On July 14, 1933 was issued the law against the formation of
new parties which raised the NSDAP to the only political
party in Germany [document 11-III] ... The overthrow of the
old party-state was accompanied by the construction of the
new movement-state [_Bewegungs
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