Hitler become Chancellor of Germany legally but not Furher. Hindenburg appointed Hitler Chancellor of Germany in January 1933 because the conservative elite such as Von Papen argued that they could tame him. However, the Communist supporter Van der Lubbe set fire to the Reichstag and caused the Cabinet to create the Bill for the 'Protection of the People and the State', which temporarily suspended civil rights and liberties in the Weimar Constitution. However, Hitler used this bill to remove any opposition from his party and government starting with the Communists who the majority were imprisoned, tortured or murdered and then the SPD. This Bill was supose to cease to operate once the national emergency had been dealt with but because there was no national emergency, just unjust rumours spread by the Nazi Propaganda ministry, the Bill continued indefinetly. The enabling act is again a tricky issue, the Reichstag did vote with the bill but the communists were banned from going and some SPD deputies were in prison and therefore could not vote. When Hindenburg died, the government issued a law stating that Hitler as Chancellor of Germany would merge the two roles of office together to create a new position. However, THIS was in fact illegal, within the constitution it stipulated that if the President died in office the High Court Justice would become acting president until elections were held to elect a new one, The constitution was paramount and any laws passed after it that conflicted with it would be nul and void, also, under sections of the Enabling act which stated that Hitler could not alter the powers or position of Reich President, therefore, Hitler was breaching the constitution and the clauses of the Enabling act. To conclude, Hitler was legally appointed Chancellor of Germany in Jan 1933 but his accession to Furhrer was infact illegal and was in breach of the constitution.
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