There are also included herein, as charts 2 and 2-A and 3 and 3-A (post pp. 490, 491, 492, 493), photostatic copies and translations of two charts from Der nationalsozialistische Staat (The National Socialist State) by Dr. Walther Gehl, published in 1935. These charts clearly show the concentration of authority in the Führer and the subordinate relation of the minor leaders in both the state and the party.
The Party: Leadership by an Elite Class
1. Functions of the Party
The third pillar of the Nazi state, the link between Volk and Führer, is the Nazi Party. According to Nazi ideology, all authority within the nation is derived ultimately from the people, but it is the party through which the people expresses itself. In Rechtseinrichtungen und Rechtsaufgaben der Bewegung (Legal Organization and Legal Functions of the Movement) (document 8, post p. 204), published in 1939, Otto Gauweiler states:
The will of the German people finds its expression in the party as the political organization of the people. It represents the political conception, the political conscience, and the political will. It is the expression and the organ of the people's creative will to life. It comprises a select part of the German people for "only the best Germans should be party members" … The inner organization of the party must therefore bring the national life which is concentrated within itself to manifestation and development in all the fields of national endeavor in which the party is represented. 60
Gauweiler defines the relationship of the party to the state in the following terms:
The party stands above and beside the state as the wielder of an authority derived from the people with its own sovereign powers and its own sphere of sovereignty … The legal position of the party is therefore that of a completely sovereign authority whose legal supremacy and self-sufficiency rest upon the original independent political authority which the Führer and the movement have attained as a result of their historical achievements.61
Neesse states that "It will be the task of National Socialism to lead back the German people to an organic structure which proceeds from a recognition of the differences in the characters and possibilities of human beings without permitting this recognition to lead to a cleavage of the people into two camps."62 This task is the responsibility of the party. Although it has become the only political party in Germany, the party does not desire to identify itself with the state. It does not wish to dominate the state or to serve it. It works beside it and cooperates with it. In this respect, Nazi Germany is distinguished from the other one-party states of Europe: "In the one-party state of Russia, the party rules over the state; in the one-party state of Italy, the party serves the state; but in the one-party state of Germany, the party neither serves the state nor rules over it directly but works and struggles together with it for the community of the people."63 Neesse contends that the party derives its legal basis from the law inherent in the living organism of the German Volk:
The inner law of the NSDAP is none other than the inner law of the German people. The party arises from the people; it has formed an organization which crystallizes about itself the feelings of the people, which seemed buried, and the strength of the people, which seemed lost.64
Neesse states that the party has two great tasks—to insure the continuity of national leadership and to preserve the unity of the Volk:
The first main task of the party, which is in keeping with its organic nature, is to protect the National Socialist idea and to constantly renew it by drawing from the depths of the German soul, to keep it pure and clear, and to pass it on thus to coming generations: this is predominantly a matter of education of the people.
The second great task, which is in keeping with its organizational nature, is to form the people and the state into the unity of the nation and to create for the German national community forms which are ever new and suited to its vital development: this is predominantly a matter of state formation. These two tasks, one of which deals with substance and the other with function, belong together. It is as impossible to separate them as it is to split up the party into organism and organization, form and content.65
Huber (document 1, post p. 155) describes the tasks of the party in similar terms. He states that the party is charged with the "education of the people to a political people" through the awakening of the political consciousness of each individual; the inculcation of a "uniform political philosophy," that is, the teaching of Nazi principles; "the selection of leaders," including the choice and training of especially promising boys to be the Führers of the future; and the shaping of the "political will of the people" in accordance with the Führer's aims.66
The educational tasks of the party are stressed by Beck, who develops the idea that the Volk can be divided into three main groups, "a supporting, a leading, and a creative class."67 It is the duty of the leading class, that is, the party, from which the creative class of leaders is drawn, to provide for the education of the supporting class.
Every member of the body of the people must belong to the politically supporting class, that is, each one who bears within himself the basic racial, spiritual, and mental values of the people … Here no sort of leading or creative activity is demanded but only a recognition of the leading and creative will … Only those are called to leadership in political life who have recognized the community-bound law of all human life in purest clarity and in the all-embracing extent of its validity and who will place all the powers of their personal lives with the help of a politically moral character in the service of the formation of community life … From the politically leading class arise the politically creative personalities. These are the mysterious elemental forces which are beyond all explanation by human reason and which through their action and by means of the living idea within them give to the community of the people an expression which is fresh, young, and eternal. Here is the fulfilment of the highest and purest political humanity … The education of the socialist personality is essentially the forming of the politically supporting class within the German people and the encouragement of those political tendencies which make a man a political leader. To educate to political creativeness is just as impossible as to educate to genius. Education can only furnish the spiritual atmosphere, can only prepare the spiritual living-space for the politically creative personality by forming a uniform political consciousness in the socialistic personality, and in the development of politically creative personalities it can at the most give special attention to those values of character and spirit which are of decisive importance for the development of this personality.68
Goebbels in The Nature and Form of National Socialism (document 2, post p. 170) emphasizes the responsibility of the party for the leadership of the state:
The party must always continue to represent the hierarchy of National Socialist leadership. This minority must always insist upon its prerogative to control the state. It must keep the way open for the German youth which wishes to take its place in this hierarchy. In reality the hierarchy has fewer rights than duties! It is responsible for the leadership of the state and it solemnly relieves the people of this responsibility. It has the duty to control the state in the best interests and to the general welfare of the nation.69
Dr. Frick, German Minister of the Interior, in his chapter in Germany Speaks indicates the exclusive position of the party in the Third Reich:
National Socialist Germany, however, is not merely a unitary state: it is also a unitary nation and its governance is based on the principle of leadership …
In National Socialist Germany, leadership is in the hands of an organized community, the National Socialist Party; and as the latter represents the will of the nation, the policy adopted by it in harmony with the vital interests of the nation is at the same time the policy adopted by the country … The National Socialist Party is the only political party in Germany and therefore the true representative of the people…70
To Dr. Ley, the party is identical with the Führer. As he wrote in the Angriff on April 9, 1942 (document 6, post p. 184), "The National Socialist Party is Hitler, and Hitler is the party."
The role of the party in legislation, in political matters, and in the appointment of Government officials is indicated by the Führer's decree of May 29, 1941,71 as amplified by the order of January 16, 1942, concerning its execution.72 (Document 9, post p. 212). This order provides that all legislative proposals and proposed laws and decrees, as well as any proposed changes therein, must pass through and receive the approval of the Party Chancelry.
2. Party Membership
Details concerning the qualifications and duties of party members are contained in the Party Organization Book for 1940 (document 7, post p. 186).
Membership is finally confirmed by the issuance of a membership card or a membership book. Anyone who becomes a party member does not merely join an organization but he becomes a soldier in the German freedom movement and that means much more than just paying his dues and attending the members' meetings. He obligates himself to subordinate his own ego and to place everything he has in the service of the people's cause. Only he who is capable of doing this should become a party member. A selection must be made in accordance with this idea.
Readiness to fight, readiness to sacrifice, and strength of character are the requirements for a good National Socialist. Small blemishes, such as a false step which someone has made in his youth, should be overlooked; the contribution in the struggle for Germany should alone be decisive. The healthy will naturally prevail over the bad if the will to health finds sufficient support in leadership and achievement. Admission to the party should not be controlled by the old bourgeois point of view. The party must always represent the elite of the people. 73
German blood is one of the prerequisites for party membership. The Party Organization Book for 1940 (document 7, post p. 186) also states, "Only those racial comrades who possess German citizenship are eligible for admission."74
Party members shall not exceed ten per cent of the German population of the region. "The ideal proportion of the number of party members to the number of racial comrades is set at ten per cent. This proportion is to apply also to the individual Province [Gau]."75
3. Pledges and Symbols of Allegiance
Party members take an oath of loyalty to the Führer in the following terms: "I pledge allegiance to my Führer, Adolf Hitler. I promise at all times to respect and obey him and the leaders whom he appoints over me."76
(a) The Hitler Salute
A pledge of allegiance to the Führer is also implied in the Nazi salute, which is usually accompanied by the greeting, "Heil Hitler." The phrase mit deutschen Gruss, which is commonly used as a closing salutation in letters, is another form of the Hitler greeting. Knaurs Konversations-Lexikon (Knaur's Conversational Dictionary), published in Berlin in 1934, contains the following definition:
German greeting, Hitler greeting: by raising the right arm; used by the old Germans with the spear as a greeting of arms [Waffengruss]. Communal greeting of the National Socialists; introduced into general use in 1933.
That this greeting was used by the Nazis as early as 1923 is demonstrated by a photograph which appeared in Das Buch der NSDAP, Werden, Kampf and Ziel der NSDAP (The Book of the NSDAP, Growth, Struggle, and Goal of the NSDAP) by Walter M. Espe (Berlin, 1934), illustration 34 (document 10, post p. 214).
In the same book (page 23 in the supplement entitled "Die NSDAP") the following distinction is made between the usual Nazi greeting and the Storm Troopers' salute:
While the German greeting consists merely in raising the right hand in any desired manner and represents rather a general comradely greeting, the SA salute is executed, in accordance with the specifications of the SA service regulations, by placing the left hand on the belt and raising the extended right arm.
The SA salute is to be given to all higher ranking leaders of the SA and the SS and of the veterans' organization which has been incorporated into the SA, as well as to the Army and the national and security police forces.
The comradely German greeting is to be exchanged between all equally ranking members of the SA and the SS and members of a corresponding rank in the Army, the police, the veterans' organization, the German air-sport league, the Hitler Youth, the railway guards, and the whole membership of the party so far as they are distinguishable by regulation uniforms.
(b) The Swastika
Early in its history the Nazi Party adopted the swastika banner as its official emblem.77 It was designed by Hitler himself, who wrote in Mein Kampf:
I myself after countless attempts had laid down a final form: a flag with a background of red cloth, having a white circle, and, in its center, a black swastika....
As National Socialists we see our program in our flag. In the red we see the social idea of the movement, in the white the nationalistic idea, and in the swastika the fight for the victory of Aryan man and at the same time for the victory of the idea of creative work, which in itself always was and always will be anti-Semitic.78
The swastika banner came into general use after January 30, 1933 as a symbol of allegiance to the Hitler regime, but not until two years later was it made the German national flag by the Reich flag law of September 15, 1935.79 Another law, decreed on April 7, 1937,80 specified that:
The insignia which the NSDAP, its formations, and associated organizations use for their officers, their structure, their organization, and their symbols may not be used by other associations either alone or with embellishments.
It is interesting to note that party regulations forbid members to use passport photographs in which they appear in party uniform or wearing party insignia and that party members are forbidden to discuss foreign policy with foreigners unless they are officially designated by the Führer to do so. The pertinent regulations read:
Pass Photos on Identification Cards
Members of the NSDAP must not use pass photos which show the holder of any identification card in a uniform of the party or of any of its formations. It is also forbidden to use as pass photos pictures which show the person wearing a party button.
Conversations With Foreigners
It is forbidden to all party members to engage in discussions of foreign policy with foreigners. Only such persons as have been designated by the Führer are entitled to do so.81
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