@Setanta,
Setanta wrote:The powers of the Chancellor, and especially the power to legislate without the Reichstag upon a two thirds vote of that body, were unchanged from the system Bismarck created.
The system Bismarck created, though, wasn't a system with a powerful chancellor. It was a system with a powerful
Kaiser (emperor). Bismarck was a powerful chancellor because his constitution made Wilhelm I a powerful
Kaiser, yet Wilhelm I had no interest in politics. To be sure, that was probably good enough for Bismarck. But when Wilhelm I died, the first thing his successor Wilhelm II did was to fire Bismarck and to take things into his own hands. Bismarck's successors in the office of chancellor were sock puppets of Wilhelm II's. The office of chancellor in Germany's 1870 monarchy held little constitutional power of its own.
In 1919, having lost World War I and its Kaiser having fled the country, Germany established a democracy. As you said in your earlier post, the president in that constitution (not the chancellor!) was a powerful office---so powerful that historians sometimes dub it as "an elective monarchy". But Hitler never
held this office until Hindenburg died in August 1934. By then, all political parties were already shut down, all states dissolved, the
Reichstag packed with Nazis, and all power in Hitler's hands.
Legally speaking, Hitler obtained these powers from two sources: President Hindenburg's
Reichstag Fire Decree and the Reichstag's
Enabling Act of 1933. The Reichstag Fire Decree was an emergency decree under article 48 in the Weimar Constitution, and as such required no approval from the legislature. The Enabling Act was an allegedly-temporary
change of the Weimar constitution, which per its article 76 required a two-thirds majority of both the
Reichstag and the
Reichsrat. The Enabling Act got this majority. (It certainly helped that the Communist legislators had already been thrown in jail under the Fire Decree when the
Reichstag voted on the Enabling Act.) Could you be mixing up the
Fire Decree and the
Enabling Act into one entity? The Weimar constitution enacted no power to rule by decree if two thirds of parliament voted for it.
Anyway, the regular powers of the office Hitler did officially hold in 1933---that of the chancellor---were fairly weak under the Weimar constitution. It was only in the (West-) German constitution of 1948 that Germany vested greater powers in its chancellor. But even those powers are much weaker than those of the US president, and I'd say they're about the same as those of the English prime minister. When you say that the German chancellor has extraordinary powers, what powers are you thinking of?