The Legal Path to Totalitarianism

Hitler Speaks to the Reichstag Hitler's Reichstag. speech promoting the bill was delivered at the Kroll Opera House, following the Reichstag fire.

Nazi Germany is a valuable historical marker for Western Democracies. In many ways, Germany was a cornerstone of many values and philosophies that formed the foundation of Judeo-Christian Western Culture. Yet, seemingly overnight, Germany went from a democratic republic to a totalitarian state.

Most importantly, the path to totalitarianism was completely legal. There was no violent revolution or civil war. The laws that created The Third Reich were passed by the legally elected parliament, the Reichstag. It is important to note, that when these laws were passed, the National Socialists Party did not hold a majority in the Reichstag. It required a coalition of parties to pass the legislation.

Three Laws That Gave the Nazis Total Control Over Germany

The fascist Nazi Third Reich and the Holocaust were all legal events. Every official who carried out the crimes of Nazi German between 1933 and 1945 did so under the legal protection of Germany. This is important to understand.

Adolf Hitler was appointed Chancellor of Germany on January 30, 1933, by President Paul von Hindenburg.

The Reichstag Decree

Firemen work on the burning Reichstag

Less than a month later, on February 27, 1933, the Reichstag Building, home of the German parliament, was set on fire. A Dutch communist, Marinus van der Lubbe, was charged with the crime. The next day, February 28, 1933, at the urging of Adolf Hitler, President Paul von Hindenburg signed the Reichstag Decree, formally called "Decree of the Reich President for the Protection of People and State" (Verordnung des Reichspräsidenten zum Schutz von Volk und Staat).

In short, the decree nullified many civil liberties in Germany and permitted the Nazi Government to imprison those who protested against the government or who were deemed to be a threat. A key aspect of this law was the ability of the police to detain individuals indefinitely without charging them with a crime.

The Malicious Practices Act

On March 21, 1933, the Reichstag passed The Malicious Practices Act (Verordnung zur Abwehr heimtückischer Diskreditierung der nationalen Regierung). This law essentially gave the Nazis broad and sweeping powers to imprison those who publicly criticized or threatened the Nazis. This meant that political disagreement was now viewed as treason. Moreover, this law permitted the police to arrest and imprison people the regime deemed unproductive or undesirable within society: homeless beggars, Jews, homosexuals, etc.

SS Guards arriving at the Dachau "Protective Custody" Camp 27 May 1933

It is not by coincidence that Dachau, the first German concentration camp, opened two days later on March 23, 1933.

The Enabling Act

The final piece of legislation that gave the Nazis complete control of Germany was The Enabling Act of 1933 officially titled “The Law to Remedy the Distress of People and Reich“ (Gesetz zur Behebung der Not von Volk und Reich). Passed by the Reichstag on March 23, 1933, this law enabled Hitler to act without the consent of the Reichstag. In short, the legislative powers of the Reichstag were ceded to Hitler. From this point forward, the Reichstag would be nothing more than a choir of supporters for the Nazis.

These three laws were the legal pathway the Nazis used to create a totalitarian government in Germany.

Lessons for 2022

We should all stand up and take note when we see democratically elected leaders today like Justin Trudeau declare emergency powers that essentially follow this pathway. When a leader can suspend freedom of speech, freedom of assembly, and the right to criticize a regime, we are on dangerous ground.

Secondly, we should take note when governments like the United States begin to take measures to criminalize and declare as treason (or insurrection) those who disagree with the government-approved propaganda.

For example, the Department of Homeland Security issued a National Terrorism Security Bulletin on February 7, 2022. Here is the "Summary of Terrorism Threat" as described by DHS:

The United States remains in a heightened threat environment fueled by several factors, including an online environment filled with false or misleading narratives and conspiracy theories, and other forms of [mis- dis- and mal-information](https://www.cisa.gov/mdm) (MDM) introduced and/or amplified by foreign and domestic threat actors. These threat actors seek to exacerbate societal friction to sow discord and undermine public trust in government institutions to encourage unrest, which could potentially inspire acts of violence. Mass casualty attacks and other acts of targeted violence conducted by lone offenders and small groups acting in furtherance of ideological beliefs and/or personal grievances pose an ongoing threat to the nation. While the conditions underlying the heightened threat landscape have not significantly changed over the last year, the convergence of the following factors has increased the volatility, unpredictability, and complexity of the threat environment: **(1)** the proliferation of false or misleading narratives, which sow discord or undermine public trust in U.S. government institutions; **(2)** continued calls for violence directed at U.S. critical infrastructure; soft targets and mass gatherings; faith-based institutions, such as churches, synagogues, and mosques; institutions of higher education; racial and religious minorities; government facilities and personnel, including law enforcement and the military; the media; and perceived ideological opponents; and **(3)** calls by foreign terrorist organizations for attacks on the United States based on recent events.

Reading this summary and comparing it to the laws passed by the Germans in 1933 should raise red flags of concern. It is considered a terrorism threat to proliferate false or misleading narratives, which sow discord or undermine public trust in U.S. government institutions? Does this mean that if someone disagrees with the publicly approved narrative of the Centers for Disease Control on how to best treat COVID, then this person is a terrorist threat?

Take note: this is the legal language of Nazi Germany.