. NMT03-T0254
Volume III · Page 254
| the formation of the cabinet. Yes, in fact
one has to say a little more. In the formation of the government, the
appointment of the Reich Chancellor is the sole act of the President; side by
side with, let us say, the dismissal, with which the countersignature of the
Chancellor is purely formal. In the development of the Weimar constitution, after initial wavering, there evolved the principle that the new Chancellor appointed or signed the dismissal of the old Chancellor and his own appointment, which is really illogical. I don't think there is any need for me to explain that any further. But as the Weimar constitution in Article 50¹ provided that every provision made be the president should be countersigned by the Reich Chancellor, or one of the Reich ministers — at least one — one was compelled to have even the appointment of the new Chancellor countersigned. That means naturally for the new Chancellor that he drags himself out of the mire by his own efforts. Counsel, if your question refers to 30 January — formally the procedure was orderly; a great deal more difficult is the question concerning the Reich law of 24 March 1933, that famous law [the Enabling Act], the validity of which was doubted so much; it is much more difficult to answer if your question refers to that. That law has as its main contents — I can almost say with a little exaggeration — the elimination of the division of powers. Three provisions or groups of provisions of the Weimar constitution are excepted, but for the rest the government could now promulgate laws even if that meant changing the constitution of the Reich; for the normal life of the people, legislators, and supreme administrators are one and the same thing. That is a basic change of the entire structure of the Weimar constitution. And I can say frankly if I, during the first years of the Weimar constitution, as an expert on constitutional law, had been asked whether the Reichstag, even if there was a majority, could not change the constitution under article 76² — if the Reichstag would make such decisions, could pass a law which, in effect, eliminates the Reichstag, — if I had been asked such a question I would have said there is nothing about that in article 76 that restricts the passing of such laws; but |
¹ Article 50 reads — "All orders and decrees of the President of the Reich, including those relating to the armed forces, require for their validity the countersignature of the Chancellor or the competent minister of the Reich. The countersignature entails the undertaking of responsibility."
² Article 76 reads — "The constitution may be amended by legislation. But decisions of the Reichstag as to such amendments come into effect only if two-thirds of the legal total of members be present, and if at least two-thirds of those present have given their consent Decisions of the Reichsrat in favor of amendments of the constitution also require a majority of two-third of the votes cast. Where an amendment of the constitution is decided by as appeal to the people as the result of a popular initiative, the convent of the majority of the voters is necessary.
"Should the Reichstag have decided upon an alteration of the constitution in spite of the objection of the Reichsrat, the president of the Reich shall not promulgate the law If the Reichsrat, within 2 weeks, demands an appeal to the people."
