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never been repealed or amended.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 [_Bewegungsstaat_]. Out of a political

fighting organization the NSDAP grew to a community capable

of carrying the state and the nation. This process was

accomplished step by step in the first months after the

National Socialist seizure of power. The assumption of the

office of Chancelor by the Führer of the movement formed the

basis for this development. Various party leaders were

appointed as _Reichsminister_; the governors of the

provinces were national leaders or _Gauleiter_ of the party,

such as General von Epp; the Prussian government officials

are as a rule _Gauleiter_ of the party; the Prussian police

chiefs are mostly high-ranking SA leaders. By this system of

a union of the personnel of the party and state offices the

unity of party and state was achieved.[85]

The culmination of this development was reached in the "Law To

Safeguard the Unity of Party and State," of December 1, 1933 (document

11-IV, _post_ p. 221), which proclaimed the NSDAP "the bearer of the

German state-idea and indissolubly joined to the state." In order to

guarantee the complete cooperation of the party and SA with the public

officials, the Führer's Deputy and the Chief of Staff of the SA were

made members of the Cabinet.

With regard to the relation between the party and the state, Neesse

writes:

The NSDAP is not a structure which stands under direct state

control, to which single tasks of public administration are

entrusted by the state, but it holds and maintains is claim

to totality as the "bearer of the German state-idea" in all

fields relating to the community--regardless of how various

single functions are divided between the organization of the

party and the organization of the state.[86]

To maintain cooperation between the party and state organizations, the

highest state offices are given to the men holding the corresponding

party offices. Gauweiler (document 8, _post_ p. 204) attributes to the

party supreme leadership in all phases of national life. Thus the

state becomes merely an administrative machine which the party has set

up in accordance with and for the accomplishment of its aims:

As the responsible bearer and shaper of the destiny of the

whole German nation the party has created an entirely new

state, for that which sought to foist itself upon her as a

state was simply the product of a deep human confusion. The

state of the past and its political ideal had never

satisfied the longing of the German people. The National

Socialist movement already carried its state within itself

at the time of its early struggles. It was able to place the

completely formed body of its own state at the disposal of

the state which it had taken over.[87]

The official party interpretation of the relation between party and

state, as set forth in the _Party Organization Book_ for 1940, appears

in the Appendix as document 7 (_post_ p. 186).

Goebbels in his lecture on _The Nature and Form of National

Socialism_ (document 2, _post_ p. 170) stressed the importance of

_Gleichschaltung_ or the penetration of Nazi ideology into all fields

of national life. This to his mind must be the result of the National

Socialist revolution. The same aims, ideals, and standards must be

applied to economics and to politics, to cultural and social

development, to education and religion, and to foreign and domestic

relations.

The result of this concept of the totalitarian state has been the

compulsory regimentation of all phases of German life to conform to

the pattern established by the party. The totalitarian state does not

recognize personal liberties for the individual. The legal position of

the individual citizen in the Third Reich is clearly set forth by

Huber (document 1, _post_ p. 155):

Not until the nationalistic political philosophy had become

dominant could the liberalistic idea of basic rights be

really overcome. The concept of personal liberties of the

individual as opposed to the authority of the state had to

disappear; it is not to be reconciled with the principle of

the nationalistic Reich. There are no personal liberties of

the individual which fall outside of the realm of the state

and which must be respected by the state. The member of the

people, organically connected with the whole community, has

replaced the isolated individual; he is included in the

totality of the political people and is drawn into the

collective action. There can no longer be any question of a

private sphere, free of state influence, which is sacred and

untouchable before the political unity. The constitution of

the nationalistic Reich is therefore not based upon a system

of inborn and inalienable rights of the individual.[88]

In place of these rights the constitution of the Third Reich

guarantees to the individual his place in the community of the people:

The legal position of the individual member of the people

forms an entirely new concept which is indispensable for the

construction of a nationalistic order. The legal position of

the individual is always related to the community and

conditioned by duty. It is developed not for the sake of the

individual but for the community, which can only be filled

with life, power, and purpose when a suitable field of

action is insured for the individual member. Without a

concrete determination of the individual's legal position

there can be no real community.

This legal position represents the organic fixation of the

individual in the living order. Rights and obligations arise

from the application of this legal position to specific

individual relationships ... But all rights must be regarded

as duty-bound rights. Their exercise is always dependent

upon the fulfilment by the individual of those duties to

which all rights are subordinate ...[89]

The concept of private property in the totalitarian state is also at

variance with the democratic concept of private property. In the

Third Reich the holder of property is considered merely as a manager

responsible to the _Volk_ for the use of the property in the common

interest. Huber sets forth the Nazi view in the following words:

"Private property" as conceived under the liberalistic

economic order was a reversal of the true concept of

property. This "private property" represented the right of

the individual to manage and to speculate with inherited or

acquired property as he pleased, without regard for the

general interests ... German socialism had to overcome this

"private," that is, unrestrained and irresponsible view of

property. All property is common property. The owner is

bound by the people and the Reich to the responsible

management of his goods. His legal position is only

justified when he satisfies this responsibility to the

community.[90]

Pursuant to this view of the nature of ownership, property may be

confiscated whenever the state decides that public management would be

in the interests of the community, or if the owner is found guilty of

irresponsible management, in which case no compensation is paid him.

Reference has been made to the appointment of party members to

important state offices. Gauweiler (document 8, _post_ p. 204) points

out that the party insured the infusion of the entire structure

of the state with its ideology through the civil-service law

(_Beamtengesetz_) of January 26, 1937,[91] which provides that a

person appointed to a civil-service position must be "filled with

National Socialist views, since only thus can he be an executor of the

will of the state which is carried by the NSDAP. It demands of him

that he be ready at all times to exert himself unreservedly in behalf

of the National Socialist state and that he be aware of the fact that

the NSDAP, as the mouthpiece of the people's will, is the vital force

behind the concept of the German state."[92]

The infiltration of party members into the civil service has now

proceeded to such a point that early in 1942 Pfundtner, the Secretary

of State in the German Ministry of the Interior, could write in the

periodical _Akademie für deutsches Recht_:

The German civil servant must furthermore be a National

Socialist to the marrow of his bones and must be a member of

the party or of one of its formations. The state will

primarily see to it that the Young Guard of the movement is

directed toward a civil-service career and also that the

civil servant takes an active part in the party so that the

political idea and service of the state become closely

welded.[93]

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Readings on Fascism and National Socialism Selected by members of the department of philosophy, University of Colorado · 第 54 / 64 题