That the will of the people is embodied in the Führer does not exclude the possibility that the Führer can summon all members of the people to a plebiscite on a certain question. In this "asking of the people" the Führer does not, of course, surrender his decisive power to the voters. The purpose of the plebiscite is not to let the people act in the Führer's place or to replace the Führer's decision with the result of the plebiscite. Its purpose is rather to give the whole people an opportunity to demonstrate and proclaim its support of an aim announced by the Führer. It is intended to solidify the unity and agreement between the objective people's will embodied in the Führer and the living, subjective conviction of the people as it exists in the individual members ... This approval of the Führer's decision is even more clear and effective if the plebiscite is concerned with an aim which has already been realized rather than with a mere intention. [[47]]
Huber states that the Reichstag elections in the Third Reich have the same character as the plebiscites. The list of delegates is made up by the Führer and its approval by the people represents an expression of renewed and continued faith in him. The Reichstag no longer has any governing or lawgiving powers but acts merely as a sounding board for the Führer:
It would be impossible for a law to be introduced and acted upon in the Reichstag which had not originated with the Führer or, at least, received his approval. The procedure is similar to that of the plebiscite: The lawgiving power does not rest in the Reichstag; it merely proclaims through its decision its agreement with the will of the Führer, who is the lawgiver of the German people. [[48]]
Huber also shows how the position of the Führer developed from the Nazi Party movement:
The office of the Führer developed out of the National Socialist movement. It was originally not a state office; this fact can never be disregarded if one is to understand the present legal and political position of the Führer. The office of the Führer first took root in the structure of the Reich when the Führer took over the powers of the Chancelor, and then when he assumed the position of the Chief of State. But his primary significance is always as leader of the movement; he has absorbed within himself the two highest offices of the political leadership of the Reich and has created thereby the new office of "Führer of the people and the Reich." That is not a superficial grouping together of various offices, functions, and powers ... It is not a union of offices but a unity of office. The Führer does not unite the old offices of Chancelor and President side by side within himself, but he fills a new, unified office. [[49]]
The Führer unites in himself all the sovereign authority of the Reich; all public authority in the state as well as in the movement is derived from the authority of the Führer. We must speak not of the state's authority but of the Führer's authority if we wish to designate the character of the political authority within the Reich correctly. The state does not hold political authority as an impersonal unit but receives it from the Führer as the executor of the national will. The authority of the Führer is complete and all-embracing; it unites in itself all the means of political direction; it extends into all fields of national life; it embraces the entire people, which is bound to the Führer in loyalty and obedience. The authority of the Führer is not limited by checks and controls, by special autonomous bodies or individual rights, but it is free and independent, all-inclusive and unlimited. It is not, however, self-seeking or arbitrary and its ties are within itself. It is derived from the people; that is, it is entrusted to the Führer by the people. It exists for the people and has its justification in the people; it is free of all outward ties because it is in its innermost nature firmly bound up with the fate, the welfare, the mission, and the honor of the people.[[50]]
Neesse, in his The National Socialist German Workers Party—An Attempt at Legal Interpretation, emphasizes the importance of complete control by the party leadership over all branches of the government. He says there must be no division of power in the Nazi state to interfere with the leader's freedom of action. Thus the Führer becomes the administrative head, the lawgiver, and the highest authority of justice in one person. This does not mean that he stands above the law. "The Führer may be outwardly independent, but inwardly he obeys the same laws as those he leads."[[51]]
The leadership (Führung) in the Nazi state is not to be compared with the government or administration in a democracy:
Führung is not, like government, the highest organ of the state, which has grown out of the order of the state, but it receives its legitimation, its call, and its mission from the people ...[[52]]
The people cannot as a rule announce its will by means of majority votes but only through its embodiment in one man, or in a few men. The principle of the identity of the ruler and those who are ruled, of the government and those who are governed has been very forcibly represented as the principle of democracy. But this identity ... becomes mechanistic and superficial if one seeks to establish it in the theory that the people are at once the governors and the governed ... A true organic identity is only possible when the great mass of the people recognizes its embodiment in one man and feels itself to be one nature with him ... Most of the people will never exercise their governing powers but only wish to be governed justly and well ... National Socialist Führung sees no value in trying to please a majority of the people, but its every action is dictated by service to the welfare of the people, even though a majority would not approve it. The mission of the Führung is received from the people, but the fulfilment of this mission and the exercise of power are free and must be free, for however surely and forcefully a healthy people may be able to make decisions in the larger issues of its destiny, its decisions in all smaller matters are confused and uncertain. For this reason, Führung must be free in the performance of its task ... The Führer does not stand for himself alone and can be understood not of himself, but only from the idea of a work to be accomplished ... Both the Führer and his following are subject to the idea which they serve; both are of the same substance, the same spirit, and the same blood. The despot knows only subjects whom he uses or, at best, for whom he cares. But the first consideration of the Führer is not his own advantage nor even, at bottom, the welfare of the people, but only service to the mission, the idea, and the purpose to which Führer and following alike are consecrated.[[53]]