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The Prussian Rechtstaat and the German Kaiserreich may have been characterized by authoritarian political systems, but their governance was, nevertheless, an affair that involved the interplay of traditional elites, powerful interest groups, and political parties. Developments in 1933 made it quite clear that the Third Reich would not be governed in the same manner. With the Enabling Act in March of that year, Hitler removed both Reich President and parliament from the legislative process. In April, the German Lander were placed under Reich control and the national civil service was “cleansed” of all undesirable elements, i.e., opponents of the regime and Jews. By May all trade unions had been abolished and in July the remaining political parties followed suit. At the end of this year of Gleichshattung (coordination), a law of “Guarantees for the Unity of Party and State” proclaimed an indissoluble link between the Nazi movement and the Reich government. With the amalgamation of the offices of Reich President and Chancellor following Hindenburg’s death, Hitler, in less than two years, had concentrated all political, legislative, and executive power in his hands and his hands alone.3 When the Armed Forces pledged themselves unequivocally to their new Führer on , 1934, their oath was not to a state, a body of law or even to a monarchial figure (for even a monarch is bound by oaths, lawful obligations and traditions) but to a leader whose authority was extra-legal and unprecedented in German history. The only real link between the government of the Third Reich and its predecessors was the fact that they were German states. One thing, however, was certain; this new Reich was not, and would never be, the venerable Beamtenstaat of Frederick the Great. Like the rooms in the maze of the Magic Club, its nature remained something of a mystery. According to the popular perception, both in the 1930s and the present, Hitler had created a totalitarian machine state in which the policies of an omniscient Führer were carried out in an efficient, uniform manner by unquestioning, fanatically loyal lieutenants. Given Hitler’s extraordinary position of power as head of both party and state, the de jure centralization of the Reich government, and the slavish loyalty of many to their new leader, this idea of a Führerstaat is not an outlandish one. Furthermore, the complexity of administering a modern state such as , with its large population, vast transportation systems, centralized industries, extensive agricultural sector, and varied

The limitationsof this papernecessitatethe rathertersetreatmentof the Nazi Gleichschattung outlinedabove. Hitler’s‘legalrevolution’during1933-1934 touchedeveryaspectof Germanlifefrom agriculture toeducation.Foran excellent overview of this periodthereaderis directed to Holbom,Modern Germany, 724-750.Detailed, exhaustive accounts of the Nazireorganizationof theGermanstate can be foundin MartinBroszat,The Hitter State: The foundation and Development of the Internal Structure of the ThirdReich (London andNew York: Longman Group,1981),57-133andKarlDiethchBracher,The German Dictatorship: The Origins, Structure, and Effects of National Socialism (New York:Praeger Publishers, 1970), 199-247. 31 business interests, seems to necessitate a well-organized, competent government with clearly delineated areas of jurisdiction and authority. These considerations coupled with the stunning economic and military successes of the 1930s, as well as Germany’s ability to fight a world war on three fronts in the 1940s, has led many to conclude that the Third Reich was a centralized state govehied by a unified competent leadership. We know, however, from the memoirs of both and that the government of this machine state was more aldn to the fractious courts of the absolutist monarchies than the bureaucratic regimes of the nineteenth and early twentieth centuries. Within the quarrelsome circle of the Führer, intrigue, favoritism and corruption, usually for the purpose of personal aggrandizement, played a major role in the formulation and execution of government policies. On more than one occasion, as a result of the egoism and corruption of this circle, policies were formulated, which not only conflicted with Hitler’s aims, but contributed markedly to the final collapse of his state.4 Furthermore, the authority and jurisdiction of state and party offices and bureaucracies was never clearly defined, resulting in endless disputes, conflicting directives, and a loss of efficiency on all levels of government. This massive confusion was compounded by Hitler’s propensity for creating special agencies whose authority cut across, and overlapped with, the jurisdiction of other state entities.5 The resulting institutional “” has led many historians to liken the Third Reich not to a machine but to a morass. . Whether one sees the Third Reich as a monolithic Führerstaat or as a hydra-like Führerrej at war with itself, the question of its nature, i.e., the essential characteristics of the dictatorship, as well as how that nature manifested itself through the administration of the state, continues to intrigue historians. Three of the theories that have been advanced to explain the nature and practice of the German dictatorship deserve further examination: the theory that the Third Reich was governed by a unified leadership, which shared common social, political and economic goals; the idea of a unified, powerful dictatorship, which, nonetheless, had to share power with a pre-existing collection of governing elites; and, finally, an offshoot of this “dual state” idea, which suggests that the Third Reich was a polycratic or “weak” dictatorship in which authority was exercised by a plethora of individuals and groups, sometimes in unison, other times in conflict. By analyzing the

The backbiting,quarrelsand viciousinfightingthat characterizedthe daily routineof the Nazi leadershipthroughoutits twelveyearsin poweris extensivelytreatedin Albert Spear,Inside the Third Reich(NewYork: AvonBooks,1970),176-180,275-280,288-291,332-349.Seespecifically275-280 and 288-291 forexamplesof howtheegoismand selfishnessof Hitler’scolleaguesadverselyaffectedthe Germanwareffort. GoebbelswroteonMarch16,1943: “Weliveina statewhereareas ofauthorityhavebeenunclearly divided...theconsequenceis a completelackof direction.”JosephGoebbels,The Goebbels Diaries 1942- 1943 (London:HamishHamilton,1948),301. a

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masses through 34 enormity of the crimes committed against humanity by Himmier’s SS and , led many at the end of the war to conclude that Goebbels’propaganda was a precise statement of fact. Without calling into question either Joseph Goebbels’ skill as a propagandist or the crimes of his contemporary Heinrich Himmier, the fact remains that the portrayal of the Third Reich as a leviathan state is an illusion. Noticably lacking in this scenario are two of the prerequisites for such a state: a tireless leader attentive to all the details of government and a unified party capable of governing. While Hitler was capable of indefatigable efforts, particularly during the struggle for power, his style of leadership is reputed to have been characterized by indolence, disdain for administrative procedure, and a hatred for any and all detailed government paperwork. His preferred method of governing was to avoid decisions where possible and when he did take action it was usually in the form of an oral directive handed down at the spur of the moment. The results of this “intuitive leadership” style were uncertainty and confusion at all levels of both party and state.10 As for Hitler’s party, it was neither unified or capable of governing. It would actually be more correct to speak of Hitler’s “parties.” Although the left wing of the NSDAP (National Socialist German Worker’s Party), was forcibly suppressed during the “” in June 1934, there still remained Frick and his statists, Rosenberg, Darre and the völkish mystics, Himmler’s SS “knights,” the “old fighters” who governed the Gaue and opposed centralization, and the more traditional technocratic elements personified by Albert Speer. All of these groups viewed themselves as the heart and soul of National Socialism and they fought against each other’s “heresies” with varying degrees of viciousness and success. Hitler made himself accessible to all of the different factions and, at one time or another during the history of the regime, they all enjoyed his favor.11 None of them, however, ever exercised anything approaching his authority. Wilhelm

10 SpeerquotesHitler at length on his disdain for paperwork and administrative routine. He also points outhow Hitler’s amateurish approach to governance worked initially in hisfavorbut: ‘Thegreater the failures became, the moreobstinately his incurable amateurishnesscame to the fore. Thetendency to wild decisions had long been his forte; now it speeded his downfall.”Speer,Inside, 6$, 306. For a description of Hitler’s bohemian attitude toward his job see John Toland, Adolf Hitter (New York: Doubleday & Company, Inc., 1976), 375. Regarding his tendency to issue oral directiveson the spur of thesee Edward N. Peterson, TheLimits of Hitter’s Power (Princeton:PrincetonUniversityPress,1969), 14-16. The literature regarding the various factions in the Nazi Party is extensive: Joseph Nyomarkay, Charisma and Factionalism in the Nazi Party (Minneapolis: University of Minnesota Press, 1967) is an excellent account of Hitler’s conflicts with the leftwingoftheparty; DonaldM. McKale, The Nazi Party Courts: Hitter’s Management of Conflict in His Movement, 1921-1945 (Lawrence: University of Kansas Press, 1974), 65-171 provides details of variousintraparty conflicts that were brought before Buch’s party courts; Peterson, Limits, 16-17, 35-66, 433-435 covers many of the divisions between party members in the Reich government. 35

Frick, for example, basked in Hitler’s good graces when he took measures to “purify” the Interior Ministry and subordinate the state governments to the Reich government. However, his effort to create a legally based, authoritarian state, which would be governed from his Ministry of the Interior by well-trained Nazi civil servants, did not meet with Hitler’s approval. The price for his indiscretion was the loss of all influence and authority within the state.’2 Even Himmier, the dark eminence of the Reich, had to contend with opposition from both traditional and party authorities. Although he ultimately succeeded in creating a unified police apparatus under his control, it was a long and arduous process marked by frequent clashes with his nominal superior, Frick, and the Minister of Justice, Franz GUnner. Furthermore, the success of Himmier’s police was ultimately dependent on the degree of support they received from the local Gauteiters, who, by and large, resisted any and all directives from . Finally, even Himmler’s SS elite was characterized by many of the same factions and conflicts that characterized the more traditional party membership.13 Ironically, with its rivafries and ideological conflicts, the party was as fractious an affair as the “chaotic” Republic it helped to overthrow. If not for the existence of the traditional governing elites in the bureaucracy, industry and military, it is doubtful if the Nazi regime would have survived. The party leadership was overwhelmingly lower middle-class in origin and completely lacking in the education and skills necessary to govern a modem state. 14 Even though Hitler and his Gauteiters despised and distrusted the German Beamten and the upper classes, they simply did not have enough trained party personnel to run the ministries of the Reich and Land governments.15 This was borne out by the dismal performance of the Gauleiters who were left in control of their districts by Hitler. Most of these self-styled fUhrers were crude, abusive, corrupt and completely indifferent to the fate of the areas assigned to their care.16 Therefore, while the party, in theory, commanded the state, in reality, the the day- to-day affairs of government continued to be handled by the old elites that had, ostensibly,

12 For a detailed accountof Frick’seffortsto createan authoritarianstate basedon a Nazifiedcivil serviceseeJane Caplan,“ThePoliticsof Administration:TheReichInteriorMinistry and the German CivilService,1933-1943,”The Historical Journal, 20,3 (1977), 707-736. 13 Hoehne,Order, 12-15.See also Peterson,Limits, ,125-133, 277-285, regarding the battle between Frick and Himmier forcontrolof thepolice and the clash betweenJulius Streicher, Gauleiter of franconia and the Gestapo/SS. ft provides the reader with some idea of the strained relationship between police and Gauleiters. 14 On the social composition and education of the Nazi Party leadership see Michael H. Kater, The Nazi Party: A Social Profile of Members and Leaders 1919-1945 (Cambridge: HarvardUniversity Press, 1983), 229-233 (Also see his Tables 1-13 and Figures 1-12). Broszat, Hitler State, 33; Bracher, German Dictatorship, 274. 15Holborn, Modern Germany,730-731;Peterson,Limits, 16-17. 16 Kater, Nazi Party, 209-212; Peterson, Limits, 433-435; Speer, Inside,292,359,362,374,405- 408,441, 502,505-506.

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revolution. government; insurrectionary

and

Harper 39 minority. If indeed a German revolution had begun, it was one in which the governmental machinery and personnel of the deposed order remained in place. Even after the passage of the Enabling Act and the death of Hindenburg, attempts by members of the party to replace both the constitution and state offices of the Republic were blocked by Hitler. Furthermore, with the exception of the removal of Jews and Social Democrats from the civil service, there was no great blood purge of the government as in the under Stalin. Gauteiters became Reich Governors, auxiliary party formations such as the $5 acquired near absolute power in the conquered territories, and certain party officials created semi-independent satrapies, but the state remained an uneasy partner in the governance of the Third Reich up until the end of the regime. The Third Reich was not a monolithic state in which either the Nazi Party or the traditional elites exercised absolute power. As early as 1941, German emigres were calling attention to this peculiar aspect of the Nazi revolution. One such emigre, Ernst Fraenkel, coined the expression “dual state” to describe the anomalous administrative situation then existing in Germany. According to Fraenkel, government in the Third Reich was divided between two states. The first of these, which he termed a “normative” state, was staffed with the career civil servants, Junkers and military men of the Kaiserreich and governed through the established administrative procedures and institutions of the Prussian Rechstaat. This normative state carried on the daily routine of government, oversaw the expansion of the Army, and protected the property and interests of the old elites. Hitler’s office, the police apparatus, and the Nazi Party comprised the other center of authority in the Third Reich, the “prerogative” state. Operating outside of traditional administrative and legal norms, the prerogative state was a “governmental system which exercised unlimited arbitrariness and violence unchecked by any legal guarantees.”28 The prerogative state had eliminated the nemeses of its normative ally, i.e., the unions and parties of the . Though these two states were uneasy partners in government, and, after 1936, the prerogative wing was on the way to becoming the dominant center of power in the Reich, neither could do without the other. The dual state was a symbiotic affair in which the prerogative half maintained an authoritarian order while the normative side made the trains run on time. This theory of the dual state takes into consideration the extraordinary power of the Nazi dictatorship without discounting the influence and importance of the old ruling elites. It also implies that, following Hitler’s assumption of the chancellorship, there was a conscious division of administrative spoils between the Nazi Party and its right wing allies,

28 ErnstFraenkel,The Dual State (O.U.P.,1941), xiii. 40

which resulted in an oligarchic consular style government along Roman lines. Each party could veto the actions of the other and government, as in the days of the Roman Senate, was carried on by committee, e.g., affairs of the Armed Forces were handled by the Defense Ministry and police affairs by the Interior Ministry. This was certainly the kind of “cabinet government” that Papen and Hugenburg had in mind and, initially, Hitler’s actions appeared to support this interpretation.29 The period from 1933 to 1936 was one of dual state quid pro quo. In exchange for conservative support of the Enabling Act, the Nazis effected the expeditious and thorough destruction of the left parties and their trade union allies. Hitler’s purge of the SA was rewarded with militaiy support after Hindenburg’s death. Schacht’s objections to the “socialist” activities of Ley and his German Labor Front resulted in the Führer’sreaffirmation of the industrialists’right to run their factories as they saw fit.3° Furthermore, within their areas of expertise, each Ministry was allowed a degree of autonomy, which remained untouched by Hitler.31 Nevertheless, this quid pro quo of the early years of Hitler’sregime might also be seen as nothing more than a facade. As recounted in the introduction of this paper, within a matter of months after the passage of the Enabling Act, the Nazi offensive against the parties of the left was directed against those of the right. Hitler’s actions against the left wing of his own party conveniently eliminated the threat of a second revolution, while solidifying his support among those groups whose expertise would supply him with armies and armaments. Even if one accepts that there was a Roman Reich of sorts at the beginning of the dictatorship, and, as can be seen, this is a debatable point, its founder soon crossed the Rubicon. For a dual state theory to be viable there would have to have been some kind of effective collegial government. Under the and the Enabling Act, government was centered in such a collegial body, the Reich Cabinet, which was required to meet, debate and decide by majority vote the legislative proposals that were put forward by the various ministers. The number of these cabinet meetings declined from a high of 31 in February and March of 1933, to 12 in 1934, 4 in 1936, 6 in 1937 and 1 (the last) on February 5, 1938. This decline mirrored Hitler’s growing inclination to exercise his “prerogative”to rule by degree, first as chancellor and chief executive of a defunct Republic and later as President and Fuehrer of a new Reich.32 As Hugenburg and Papen belatedly

29 Fora succinctdescriptionof theassumptionsbehindtheconservativedecisionto bring Hider into the governmentas wellas thewheelinganddealingthatled to the Hitler-PapenCabinetsee Holborn, Modern Germany,707-710. 30 Broszat, Hitler Stare, 151-153. 31 Ibid., 262-263. 32 Ibid., 280-281.

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the were refusing 47 more it becomes apparent that old ideas and traditions persisted and new ones were born without reference to system and ideology.48

48 Gordon A. Craig, review, of Nach Hitler: Der Schwierige Umgang mit Unsere Geschichte: Beitrage by Martin Broszat,New YorkReview of Books , 15 (January 1987): 19.