One week before the election was due to take place, the Reichstag building burned down. Hitler immediately declared that it had been the signal for a communist revolt. Hitler knew that if he was to convince President Hindenburg to give him emergency powers, which the Weimar Constitution allowed, he had to play on the old president's fear of communism. What better way than to convince him that the communists were about to take over the nation by force?
A known communist, Marianus van der Lubbe, was caught near the Reichstag building immediately after the fire had started. Those that arrested him, Nazi officials, claimed that Lubbe confessed to them that the fire was a signal to other communists to start the revolution to overthrow democracy in the country. Matches were allegedly found on van der Lubbe and those who arrested him claimed that he smelt of petrol.
Hitler asked Hindenburg to grant him emergency powers in view of the 'communist takeover'. Using the constitution, Hindenburg agreed to pass the Law for the Protection of the People and the State.
This law gave Hitler what he wanted, a ban on the Communists and Socialists taking part in an election campaign. The leaders from both parties were arrested and their newspapers were shut down. To 'keep the peace' and maintain law and order, the SA (the Brown Shirts) roamed the streets beating up those who openly opposed Hitler.
The election took place in March - though Hitler was convinced it would be the last. Hitler did not get the number of votes he wanted but he did get enough to get over a 50% majority in the Reichstag
That 12 million people voted for what were effectively two outlawed parties is remarkable when the intimidation of voters is taken into account.
After the burning down of the Reichstag, politicians had nowhere to meet. The Kroll Opera House in Berlin was chosen. This was a relatively small round building - perfect for meetings. On March 23rd, elected officials were due to meet to discuss and vote on Hitler's Enabling Law.
As politicians neared the building, they found it surrounded by SS and SA thugs who tried to ensure that only Nazi or Nationalist politicians got into the building. The vote for this law was crucial as it gave Hitler a vast amount of power. The law basically stated that any bill only needed Hitler's signature and within 24 hours that bill would become law in Germany. With only Nazis and other right wing politicians inside the Kroll Opera House, the bill was quickly passed into law. Hitler now had the powers of dictator but there was still political opposition. To eradicate all political opposition he passed the following laws:
On 7th April 1933, Nazi officials were put in charge of all local government in the provinces.
On May 2nd 1933, trades unions were abolished, their funds taken and their leaders put in prison. The workers were given a May Day holiday in return.
On July 14th 1933, a law was passed making it illegal to form a new political party. It also made the Nazi Party the only legal political party in Germany.
Hitler now had overall control in Germany; he was the ‘fuhrer’. Within months of becoming Chancellor, Hitler was the leader of a one party dictatorship. He had done what he set out to do: use the Weimar constitution to gain power and then destroy it from the inside.