The Rise

WW2 · The War the Peace Built · 10 min

WW2 · Part 2 of 20 The Rise
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One capital, no lines to draw — Weimar Germany isn’t invaded. It’s dismantled from inside, one legal step at a time, entirely within this single city.
Base map: "Map Europe alliances 1914-en.svg", Wikimedia Commons, CC BY-SA 2.5 — recolored, capitals and event lines added.

In 1932, a young Englishwoman named Christabel Bielenberg was settling into married life in Hamburg, and then Berlin. She had married a German lawyer, Peter Bielenberg, and moved to his country as an outsider who spoke the language but hadn’t grown up inside its politics — she noticed things the way a newcomer notices a household’s habits, without yet knowing which ones were old and which were new. Dinner parties. In-laws. The ordinary, slightly foreign texture of a new marriage in someone else’s country.

She was not blind to what was happening around her. Unemployment was climbing past six million, and Chancellor Heinrich Brüning had been ruling largely through Article 48 of the constitution — a provision meant for genuine emergencies that let the president issue decrees with the force of law, bypassing the Reichstag almost entirely. Germans she met had opinions about this, plenty of them, but Article 48 was already an old habit by the time she arrived, not a weapon someone was visibly about to turn on the republic itself.

The autumn before her marriage, a party that had won 2.6 percent of the national vote just two years earlier had taken 18.3 percent — 107 seats in a Reichstag of 577, suddenly the second-largest party in the country. To most of the people around her, this did not feel like the end of anything. Extremist parties came and went; the republic had survived worse. Nobody she knew yet had any way of seeing that the Germany she was settling into, and nearly everyone in it, would be unrecognizable within three years — not because a war arrived from outside, but because the people running the country decided, one legal step at a time, to let it happen from within.

◈ The MechanismThe legal revolution
Democracies are usually imagined ending in a coup — soldiers in the street, power seized against the rules. That's not what happened here. Almost every step in this part was, on paper, legal: an emergency decree signed by an elected president, a law passed by a sitting parliament with the votes to pass it, a chancellorship offered through ordinary negotiation, not seized. Historians call this "the legal revolution" — using a democracy's own emergency tools, built for genuine crises, to dismantle the democracy itself, so that no single step looks like a coup. The dangerous part isn't that the rules got broken. It's that they mostly didn't have to be.

The September 1930 breakthrough didn’t come out of nowhere, and it wasn’t because most Germans had suddenly become convinced Nazis. The Wall Street Crash had cut off the American lending Weimar’s recovery depended on, and the depression that followed hit Germany harder than almost anywhere in Europe. By 1932 the Nazi vote had climbed with the unemployment line: 37.27 percent, 230 seats, in July — the largest party in the Reichstag, still short of the 305 needed for a majority.

Then something happened that a simple story of “rise” doesn’t explain well. In the next election, four months later on November 6, 1932, the Nazi vote actually fell — to 33.1 percent, down four points and 34 seats. Inside the party there was real alarm: money drying up, membership fatigue setting in. A significant number of contemporaries, some Nazi officials included, read this as the movement having peaked. If the story stopped there, this would be a different history — a fringe movement that surged during a depression and faded once its moment passed, the way plenty of protest parties have.

LOADEDHINGE
state of scholarship, 2026

This gauge shows where historians' debate actually sits — not a simulated probability. It never invents a number; it points at a real argument.

This argument has a name: intentionalist vs. structuralist. Intentionalists — Karl Dietrich Bracher's The German Dictatorship (1969), Alan Bullock's Hitler: A Study in Tyranny (1952) — argue Hitler's own will and long-held program drove events, executing a broadly intended design. Structuralists — Hans Mommsen's The Rise and Fall of Weimar Democracy (1989), Martin Broszat's The Hitler State (1969) — argue the takeover owed less to a master plan than to Weimar's institutional collapse and improvisation among rival power centers; Mommsen once called Hitler a "weak dictator" presiding over polycratic chaos. Ian Kershaw's synthesis, "Working Towards the Führer" (1993), splits the difference: Hitler's will set the horizon, but subordinates across the regime did most of the actual work, anticipating what he wanted rather than waiting on orders. The November 1932 decline genuinely supports a "not inevitable" reading; the counter-case, that Weimar's coalition system and Article 48 rule had already hollowed out parliamentary government, is just as real. Neither side disputes the facts — they disagree how much room those facts left.

What happened next had almost nothing to do with votes. It happened in private rooms, among men who believed they could use Hitler and discard him afterward. President Paul von Hindenburg, 85 and a decorated war hero, had already refused to make Hitler chancellor once, in August 1932, after the Nazis’ strongest result — he found Hitler crude, beneath the office. What changed his mind five months later was not an election. It was a deal.

THE DECISION · LATE JANUARY 1933

You are inside Hindenburg's inner circle. Chancellor Schleicher's government has just collapsed, and Hindenburg's son Oskar is furious at Schleicher over an unrelated scandal — an investigation that just publicly exposed how Hindenburg's own East Prussian estate was quietly gifted to him by industrialists in 1927, registered in Oskar's name to dodge inheritance tax. You need a new government, fast. What do you recommend to the president?

Schleicher, the outgoing chancellor, is pushing his own backup plan: a state of emergency, an indefinitely dissolved Reichstag, government through the army — a plan the army's own leadership has warned risks something close to civil war. Franz von Papen, meanwhile, has been meeting privately with Hitler and believes he has found a workable deal.

Back Papen's plan: appoint Hitler chancellor, with Papen as vice-chancellor and non-Nazis holding most cabinet posts — a "tamed" Hitler, boxed in by the men around him.
Back Schleicher's plan for a military-backed state of emergency, betting the army will hold the line against unrest.
Refuse both, and search for another compromise chancellor to continue governing by presidential decree under Article 48, as Brüning had.

Hindenburg's circle chose the first option. On January 30, 1933, he appointed Hitler chancellor, with Papen as vice-chancellor and only two other Nazis in an eleven-seat cabinet. Papen reportedly boasted to an ally that he had "hired" Hitler and boxed him in so tightly that within two months "we'll have pushed him so far into a corner that he'll squeal." The deal had actually been sealed three and a half weeks earlier, on January 4, at a private Cologne meeting between Papen and Hitler the public knew only as an unexplained visit. Papen's confidence turned out to be the single most consequential miscalculation in this story.

Declassified
At the time The public understood Hitler's appointment as a political deal among elected and appointed officials — unusual, alarming to some, but a normal transfer of power inside a functioning constitutional system.
What was actually true On February 20, 1933 — ten days before the Reichstag Fire — Hitler addressed roughly 25 of Germany's leading industrialists, including Gustav Krupp von Bohlen und Halbach and IG Farben's Georg von Schnitzler, at a private meeting hosted at Göring's official residence. He asked for campaign funding for the March election and, per the record later used at Nuremberg, told the room this would likely be Germany's last election "for a hundred years." Finance official Hjalmar Schacht then raised roughly 3 million Reichsmarks in industrialist donations for the campaign. None of it reached the public at the time.
Made public: only after the war, via captured documents and testimony connected to the Nuremberg trials.

Seven days after that meeting, on the night of February 27, 1933, the Reichstag building burned. A Dutch council communist named Marinus van der Lubbe was arrested at the scene and confessed to setting the fire alone. The next day, Hindenburg signed the Reichstag Fire Decree under Article 48 — the same emergency power Brüning had used routinely for three years — suspending habeas corpus, press freedom, assembly, and postal privacy indefinitely, and enabling mass arrests of Communists and other opponents. This single decree, not the more famous law that followed a month later, is the legal instrument that stayed in force for all twelve years of the regime that came next.

Firemen working on the burning Reichstag building, Berlin, night of February 27, 1933.
The Reichstag burns, February 27, 1933. The decree Hindenburg signed the next morning outlived everything else in this story — it stayed in force for twelve years. — US National Archives (Record Group 208), public domain, via Wikimedia Commons
Arrested at the scene

Marinus van der Lubbe

A 24-year-old former bricklayer from Leiden, unaffiliated with the mainstream Communist Party. Found near the burning building, he confessed immediately and insisted throughout his trial that he acted alone, protesting fascism's rise. Whether he actually did — or SA members were also involved, via a tunnel from Göring's residence next door — is still a live, named historiographical dispute, not a settled fact from 1933.

Convicted at Leipzig in December 1933 under a law written and passed after the fire, then applied retroactively to his case. Executed by guillotine on January 10, 1934, at age 24.

The election a week later, March 5, ran under the Fire Decree’s emergency conditions — opposition papers banned, Communist candidates already arrested. The Nazis won 43.9 percent, their best result yet, still short of a majority. Sixteen days on, March 21, came a piece of theater built to reassure anyone worried this new government wouldn’t respect the old order.

Reich President Paul von Hindenburg shaking hands with Reich Chancellor Adolf Hitler outside the Garrison Church, Potsdam, March 21, 1933.
The "Day of Potsdam," March 21, 1933 — Hitler in formal morning dress, bowing to the uniformed old field marshal. Staged specifically to look like continuity, not rupture. — Bundesarchiv, Bild 183-S38324 / CC-BY-SA 3.0, via Wikimedia Commons

At the Garrison Church, Hitler — in a formal morning coat, not a uniform — bowed and shook hands with the elderly, decorated Hindenburg in front of the cameras. The message was aimed at conservative, nationalist, Protestant Germany: nothing has really changed, the new government stands in the old one’s line. Two days later, on March 23, the Reichstag met at the Kroll Opera House — the real building was still burned out — to vote on the Enabling Act, letting Hitler’s cabinet enact laws, including ones that broke from the constitution, without Reichstag approval, for four years. It passed 444 to 94. Every “no” vote came from the Social Democrats, the only party to oppose it as a bloc. The Communists’ 81 deputies weren’t even present; they were already under arrest or in hiding, and Göring, presiding as Reichstag president, lowered the quorum to compensate.

What came next moved fast, and in the open. On April 1, the SA ran a national boycott of Jewish-owned businesses — the government’s first coordinated antisemitic action, signs in shop windows reading “Germans, defend yourselves, don’t buy from Jews.” On May 10, students burned books by Jewish, socialist, and other “un-German” authors, most visibly at Berlin’s Opernplatz. By July 14, a new law made the Nazi Party the country’s only legal one. A concentration camp had already opened near Munich in March — Dachau, publicly announced by Heinrich Himmler as a facility for political prisoners.

Nazi placards posted on the windows of Jewish-owned shops in Berlin during the national boycott, April 1, 1933.
Berlin, April 1, 1933 — the SA's national boycott of Jewish businesses, the new government's first coordinated antisemitic action. — Bundesarchiv, Bild 102-14468 / Georg Pahl / CC-BY-SA 3.0, via Wikimedia Commons
German Student Union members burning books at the Opernplatz in Berlin, May 10, 1933.
The Opernplatz, Berlin, May 10, 1933. Students, not soldiers, doing the burning — a detail historians studying "the legal revolution" keep coming back to. — Bundesarchiv, Bild 102-14597 / Georg Pahl / CC-BY-SA 3.0, via Wikimedia Commons

Victor Klemperer, a Dresden professor, decorated WWI veteran, and — under the new regime's racial laws — classified as Jewish, kept a diary through these months that reads like it's being written by someone who cannot quite believe what he's watching. His entries from the weeks after Hitler's appointment record the boycott, the early arrests, and a conviction shared by educated, skeptical people around him: that a government running on terror and street violence simply could not last long in a country like Germany. He kept writing anyway, dated entry by dated entry, for the rest of the decade.

Victor Klemperer, diary entries, 1933 — published as I Will Bear Witness (1998); original manuscripts, Sächsische Landesbibliothek, Dresden

The last piece happened over a year later, finishing what the Enabling Act had started. By mid-1934, the SA — the party’s own street militia, several million strong — had grown into a power center Hitler no longer fully controlled, resented by the army and by conservative allies who wanted it curbed. On the night of June 30 through July 2, 1934, the regime murdered its own SA chief, Ernst Röhm, former chancellor Kurt von Schleicher and his wife, party rival Gregor Strasser, and dozens more — Hitler’s own count afterward put it at 74 dead; historians’ estimates run higher, with over a thousand arrested. The public justification, an imminent SA coup, rested on evidence later established as fabricated. No credible coup plot has ever been substantiated. The purge destroyed the SA’s independent power, satisfied the army’s demand that it be brought to heel, and settled old scores.

A month later, on August 2, 1934, Hindenburg died at his East Prussian estate, aged 86. Within hours, a law merging the presidency and chancellorship into “Führer and Reich Chancellor” took effect, and the Wehrmacht swore personal loyalty to Hitler by name, not to the constitution or the office. The law had been drafted and dated August 1 — the day before Hindenburg actually died. A plebiscite two weeks later ratified the merger at an official ~90 percent. Every check this part has followed — the Reichstag’s power, the presidency’s independence, a coalition system built on compromise — had, one lawful-looking step at a time, stopped existing.

In one sentence: was the destruction of Weimar democracy carried out through a coup, or through the law?

Almost entirely through the law — and that's the part most worth remembering. Hindenburg's appointment of Hitler was a legal act. The Fire Decree was signed under an existing constitutional provision. The Enabling Act passed a sitting parliament by the votes it needed. The succession law followed normal legislative process, just drafted a day early. Actual force — the SA's street violence, the camps, the 1934 murders — did the enforcing, but almost none of the structure required breaking the law to build. That's what historians mean by "the legal revolution," and why it's harder to see coming than a coup would be.

A democracy's authority getting hollowed out through steps that are each, individually, legal is one of a short list of real patterns this whole project keeps running into. Part 20 closes the series with the fuller version — what the historical record actually suggests about recognizing that pattern, and what tends to help.

Sources

Ian Kershaw, Hitler 1889-1936: Hubris (1998); Karl Dietrich Bracher, The German Dictatorship (1970); Hans Mommsen, The Rise and Fall of Weimar Democracy (1996); Martin Broszat, The Hitler State (1981); William Sheridan Allen, The Nazi Seizure of Power (rev. ed. 1984); Benjamin Carter Hett, Burning the Reichstag (2014); Victor Klemperer, I Will Bear Witness: A Diary of the Nazi Years, 1933-1941 (1998); Christabel Bielenberg, The Past Is Myself (1968); Sebastian Haffner, Defying Hitler: A Memoir (2002); Richard J. Evans, The Coming of the Third Reich (2003); USHMM Holocaust Encyclopedia; German History in Documents and Images (germanhistorydocs.org)
Found a mistake, a source that doesn't check out, or something missing? Reply by email — every checkable reference in this series is meant to hold up.
Next time

By August 1934, one man holds Germany's presidency, its chancellorship, and a personal loyalty oath sworn by every soldier in its army — total, uncontested domestic power. Part 3 asks what he actually does with it, now that nothing inside Germany can stop him.

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