Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume IIIVarious
History
Trials of war criminals before the Nuernberg military tribunals under control council law no. 10, volume III
Various
Nuremberg Trial of Major German War Criminals, Nuremberg, Germany, 1945-1946; War crime trials -- Germany -- Nuremberg
We shall have to deal with the entire legislative machinery as it was
developed at that time. It will be shown that meetings of the cabinet
took place even after Hitler’s cabinet had been formed, that they were,
however, of an essentially different character already than formerly.
Questions were no longer put to the vote. In individual questions of
legislation too, Hitler stood on his right as Reich Chancellor to
determine directives of policy, in accordance with article 56 of the
constitution. As Hitler’s position grew stronger, especially after, in
August 1934, the positions of Reich Chancellor and President of the
Reich had been combined in his person, cabinet meetings served actually
only the purpose of issuing Hitler’s instructions. In accordance
with instructions, members of the cabinet were to submit bills that
concerned their departments. In accordance with Hitler’s request these
bills were submitted to other participating members of departments
prior to the cabinet meetings, in order to obtain their opinion and at
this stage only objections with regard to departmental competency of
other ministries were taken into consideration. The bill, thus having
become “ripe for the cabinet” [kabinettreif] was then passed in the
cabinet meeting without debate. Since the uselessness of the cabinet
meetings thereby became obvious, they were discontinued completely in
1937. Laws were then legislated by means of a so-called circulation
procedure [Umlaufsverfahren] in which the individual ministers were
given opportunity to voice their objections. These objections could,
however, deal with purely departmental aspects only, whereas objections
against a basic political idea founded on one of Hitler’s instructions
could not be raised or remained ineffective. As we will show, this
had, at the same time, the effect of declassifying certain ministries
and resulted in their being subordinated to other ministries. This
started already in 1935. By the secret National Defense Law, the
OKW, [High Command of the Armed Forces], the Minister of Economics
as Plenipotentiary General for the Economy, and the Minister of the
Interior as Plenipotentiary General for the Administration of the
Reich, were brought into prominence as legislative bodies and were
combined in Board of Three [Dreierkollegium]. The other Ministries
were subordinated to them and depended on them for instructions. The
Ministry of Justice was subordinate to the Plenipotentiary General
for the Administration of the Reich and was permitted to present
bills only through him. The Ministry of Justice’s signature on a law
was therefore only of nominal significance; it indicated that the
judicial departments had been concerned with the contents of the
law. We will show that after the outbreak of the war the Ministerial
Council for National Defense was added as legislative body to the
Board of Three. Here too, the Ministry of Justice was subordinated to
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