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The Enabling Act of 1933 (German: Ermächtigungsgesetz), officially titled Gesetz zur Behebung der Not von Volk und Reich (lit. ' Law to Remedy the Distress of People and Reich ' ), [ 1 ] was a law that gave the German Cabinet – most importantly, the Chancellor – the power to make and enforce laws without the involvement of the Reichstag or ...
The enabling act on 24 February 1923, originally limited until 1 June but extended until 31 October, empowered the cabinet to resist the occupation of the Ruhr. [3] There was an enabling act on 13 October 1923 and an enabling act on 8 December 1923 that would last until the dissolution of the Reichstag on 13 March 1924. [4]
This was a clear violation of the Enabling Act. While Article 2 of the Enabling Act allowed the government to pass laws that deviated from the Constitution, it explicitly protected the existence of the Reichstag and Reichsrat. [31] Law Concerning the Head of State of the German Reich.
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One of his first acts was to engineer passage of the Enabling Act through the Reichstag on 23 March 1933. This empowered the "Reich government" (i.e., the Reich Chancellor and his cabinet) to enact laws for a period of four years without submitting them for passage and approval to the Reichstag or the Reich President. [1]
Thousands of his decrees were based explicitly on the Reichstag Fire Decree, and hence on Article 48, allowing Hitler to rule under what amounted to martial law. It was a major reason why Hitler never formally repealed the Weimar Constitution, though it had effectively been rendered a dead letter with the passage of the Enabling Act. [17]
When the law of 1796 expired on March 4, 1799, the factories continued in operation anyway. In 1802, President Jefferson pointed out that the enabling act had become invalid and Congress subsequently renewed it until March 4, 1803. In 1803, the law was extended for another two years plus the duration of Congress.
The Enabling Act, which passed by a vote of 441 to 94, formally met the requirements for a constitutional amendment (two-thirds of the Reichstag's members were present, and two-thirds of the members present voted in favor of the measure) – but that was only after the 81 members of the Communist Party had been forcibly excluded.