“You can take our lives and our freedom, but you cannot take our honour. We are defenseless but not honourless.” Remembering the Resistors to the Enabling Act Of 1933

Otto Wels

Friends of Padre Steve’s World,

I will not be talking about the Mueller report until we know what is actually contained in it. So I will continue to discuss historical events that are relevant in our time.

One of the most relevant as this country and others lurch toward legally elected authoritarian governments is the example of the Hitler’s Enabling Act, or by its full title Gesetz zur Behebung der Not von Volk und Reich (“Law to Remedy the Distress of People and Reich”) came on the heels of the Reichstag Fire Decree and though very short had tremendous repercussions for the German Republic and in effect made Hitler and his administration a dictatorship. The legislative branch, the Reichstag was limited to nothing more than a rubber stamp for the executive, as was the judicial branch, the Reichsrat. It supposedly protected the rights of the President, the Reichstag, and judiciary, but it made Hitler the the sole decider of domestic and social laws, as well as all foreign policy decisions.

The law stated:

The Reichstag has enacted the following law, which is hereby proclaimed with the assent of the Reichsrat, it having been established that the requirements for a constitutional amendment have been fulfilled:

Article One

In addition to the procedure prescribed by the constitution, laws of the Reich may also be enacted by the government of the Reich. This includes the laws referred to by Articles 85 Paragraph 2 and Article 87 of the constitution. (Article 85 and 87 dealt with the budgetary process and allocation of funds for advertisement.)

Article Two

Laws enacted by the government of the Reich may deviate from the constitution as long as they do not affect the institutions of the Reichstag and the Reichsrat. The rights of the President remain unaffected.

Article Three:

Laws enacted by the Reich government shall be issued by the Chancellor and announced in the Reich Gazette. They shall take effect on the day following the announcement, unless they prescribe a different date. Articles 68 to 77 of the Constitution do not apply to laws enacted by the Reich government. (These Articles dealt with the legislative process in which the Reichstag, Government, Reichsrat, and President all had specific responsibilities which limited the power of the government to rush laws into force without due process and deliberation, and if needed the approval of the electorate)

Article Four

Treaties of the Reich with foreign states, which relate to matters of Reich legislation, shall for the duration of the validity of these laws not require the consent of the legislative authorities. The Reich government shall enact the legislation necessary to implement these agreements. (This removed the requirement of the Reichstag to approve treaties)

Article Five

This law enters into force on the day of its proclamation. It expires on April 1, 1937; it expires furthermore if the present Reich government is replaced by another.

When the legislation was introduced the debate was muted. While the Communist Party was yet to be banned, deputies of the Communist Party could not attend the session, many had already been arrested and many more were in hiding or had fled the country. Hermann Goering adjusted the rules for a quorum in order to compensate for the lack of members in attendance. Deputies of the Social Democratic Party were also terrorized, hounded, and some arrested, but 94 attended, outnumbered they did not buckle under the Nazi threats, which included the chamber being ringed by armed members of the SA and SS.

The non-Nazi Protestant based conservative parties provided no resistance, but the Catholic Center Party was torn by concerns that the legislation could limit the rights of the Catholic Church. However, they had been outmaneuvered by Hitler who had already negotiated a Concordant with the Vatican. The result was to ensure that the Catholic Center Party would vote for the measure, which passed with a mere 94 deputies opposing it, all members of the Social Democratic Party.

The only member of the Reichstag to speak against the measure was the head of the Social Democrats, Otto Wels. In defiance of Hitler, Goering, the Nazi Deputies, and the threatening SA and SS men uttered words that every resistor in every country threatened by authoritarian leaders who despise the rule of law and the Constitutions that they used to gain power need to hear and proclaim, because the truth can never be silenced:

“You can take our lives and our freedom, but you cannot take our honour. We are defenseless but not honourless.”

Otto Wels died as an exile in France. Many Social Democrats were placed in Concentration Camps and died, likewise some Communists. The Catholic Center Party would find itself betrayed, and many of its leaders would be killed, jailed, or placed in Concentration Camps, and Hitler would persecute opposition members of the Catholic Church as if no Concordat had ever been negotiated.

But eventually the Nazis would be driven from power. Their descendants today must be confronted at all costs. Democracy, and Constitutional republics based on the principles of the Declaration of Independence, which recognizes that all men are created equal, and the Constitution of the United States which was the first to checks and balances between the Executive, Legislative, and Judicial branches of government in which the Legislative branch was assumed to be the most important.

We have reached a point in the history of the United States where the Executive Branch, over a period of decades has assumed the powers of dictatorship as the Legislative branch over the corresponding time has surrendered its prerogatives and powers, while the judicial branch had become the domain of politically appointed judges and justices,

One does not know what will happen next, but anyone who values the primary principles of the Declaration and the Constitution must ne willing to take a stand like Otto Wels when confronted with a dictatorship in the making. Even if the President unleashes the power of the police and his own heavily armed supporters against opponents, we must remember like Otto Wels, they can “take our lives and freedom, but they cannot take our honor…”

This is something that anyone committed to the principles of the Declaration and Constitution must take seriously over the next 19 months leading to the next Presidential election. If we fail, the effects will be felt for at least a generation, and the institutions of our government will be transformed in ways that the founders could only imagine in their worst dreams.

Democrats and Never Trump conservatives must keep this in mind. Nothing is guaranteed right now, it is quite possible that Trump and his cult like supporters in Congress and the courts could enact something like the Enabling Act if we are not careful, regardless of the findings of the Mueller investigation or anything else, and we must be careful to watch for the major terrorist attack, or war that could lead to the implementation of already legislated laws, or executive orders that give nearly dictatorial powers to the executive, and which would be supported by a majority of Americans.

So until tomorrow.

Peace,

Padre Steve+

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Filed under ethics, History, laws and legislation, nazi germany, News and current events, philosophy, Political Commentary, Religion

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