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
A. That is a very difficult question. First of all it is difficult
because one would have to say in greater detail what events represented
the change-over, whether one adheres to the formation of the government
on 30 January 1933, or whether one discusses the enabling act,
promulgated on 24 March 1933,[142] or how far altogether one wants to
extend the events of the change-over. I can only answer conditionally.
If one considers only the formation of the government, that is to say
the act of entrusting Hitler with the Chancellorship on 30 January
1933, and if by “legal”, one means the purely outward formality,
then it cannot be denied that the operation was carried out legally,
namely, under Article 53 of the Weimar constitution,[143] according to
which the Reich President forms the cabinet, and the Parliament--the
Reichstag--only afterwards has the opportunity to have a destructive
influence on the formation of the cabinet. Under the Weimar
constitution, the Reichstag does not form the cabinet alone or together
with another organ, but the President does that. The other organ is
immediately elected by the people of the Reich. That is why the Weimar
constitution contains quite rightly article 54[144] which incorporates
the parliamentary system by establishing the institution of the vote
of nonconfidence and entrusts the President with the formation of the
cabinet. Yes, in fact one has to say a little more. In the formation of
the government, the appointment of the Reich Chancellor is the sole act
of the President; side by side with, let us say, the dismissal, with
which the countersignature of the Chancellor is purely formal.
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