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The Ambassador in Germany (Sackett) to the Secretary of State

44. The empowering law submitted to the Reichstag by the parties represented in the Government and passed last night gives the Hitler Cabinet practically unlimited powers. It transfers certain Presidential prerogatives to the Chancellor while the legislative powers of the Reichstag and Reichsrat are to be assumed by the Cabinet as a whole. It gives the Cabinet the right to enact legislation modificative of the Constitution which normally requires a two-thirds majority in the Reichstag, with the sole limitations that the President’s powers are to remain unaffected and that the Cabinet may not enact laws abolishing the Reichstag and the Reichsrat as such. The prerogatives of these two bodies, however, are quite thoroughly emasculated by the very next article of the law.

On the basis of this law the Hitler Cabinet can reconstruct the entire system of government as it eliminates practically all constitutional restraints. The law remains in effect till April 1, 1937 unless the present Reich Government is sooner replaced by another in which event it becomes void.

Law was passed by 441 votes against 94 belonging entirely to the Social Democrat Party. The two Catholic parties swallowed the bitter pill, the spokesman of the Center saying that his party would vote for the law in spite of many misgivings “which in normal times could scarcely have been overcome”.

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Upon the announcement of the result of the vote the Reichstag was adjourned sine die.

Text and translation of the law being forwarded by mail.19

Sackett
  1. Not printed.