The absence of an effective government prompted two influential politicians, Franz von Papen and Alfred Hugenberg, along with several other industrialists and businessmen, to write a letter to Hindenburg. The signers urged Hindenburg to appoint Hitler as leader of a government "independent from parliamentary parties", which could turn into a movement that would "enrapture millions of people".
Hindenburg reluctantly agreed to appoint Hitler as chancellor after two further parliamentary elections—in July and November 1932—had not resulted in the formation of a majority government.
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To achieve full political control despite not having an absolute majority in parliament, Hitler's government brought the Ermächtigungsgesetz (Enabling Act) to a vote in the newly elected Reichstag. The Act—officially titled the Gesetz zur Behebung der Not von Volk und Reich (Law to Remedy the Distress of People and Reich)—gave Hitler's cabinet the power to enact laws without the consent of the Reichstag for four years. These laws could (with certain exceptions) deviate from the constitution. Since it would affect the constitution, the Enabling Act required a two-thirds majority to pass. Leaving nothing to chance, the Nazis used the provisions of the Reichstag Fire Decree to arrest all 81 Communist deputies (in spite of their virulent campaign against the party, the Nazis had allowed the KPD to contest the election) and prevent several Social Democrats from attending.
On 23 March 1933, the Reichstag assembled at the Kroll Opera House under turbulent circumstances. Ranks of SA men served as guards inside the building, while large groups outside opposing the proposed legislation shouted slogans and threats towards the arriving members of parliament. The position of the Centre Party, the third largest party in the Reichstag, was decisive. After Hitler verbally promised party leader Ludwig Kaas that Hindenburg would retain his power of veto, Kaas announced the Centre Party would support the Enabling Act.
The Act passed by a vote of 441–84, with all parties except the Social Democrats voting in favour. The Enabling Act, along with the Reichstag Fire Decree, transformed Hitler's government into a de facto legal dictatorship.
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