[145] Article 50 reads—“All orders and decrees of the President of the Reich, including those relating to the armed forces, require for their validity the countersignature of the Chancellor or the competent minister of the Reich. The countersignature entails the undertaking of responsibility.”
[146] Article 76 reads—“The constitution may be amended by legislation. But decisions of the Reichstag as to such amendments come into effect only if two-thirds of the legal total of members be present, and if at least two-thirds of those present have given their consent. Decisions of the Reichsrat in favor of amendments of the constitution also require a majority of two-third of the votes cast. Where an amendment of the constitution is decided by an appeal to the people as the result of a popular initiative, the consent of the majority of the voters is necessary.
“Should the Reichstag have decided upon an alteration of the constitution in spite of the objection of the Reichsrat, the president of the Reich shall not promulgate the law if the Reichsrat, within 2 weeks, demands an appeal to the people.”
[147] Article 102 reads—“Judges are independent and subject only to the law.”
[148] The problem referred to by the witness was briefly the following: The value of the German currency having fallen to a very small fraction of its prewar value, debtors were able to pay off debts by paying, in terms of purchasing power, only a small fraction of the original debt. This brought hardship to many creditors. Hence, the question was whether, under the doctrine of “unjust enrichment,” or under some similar doctrine, or by virtue of special legislation, these debts, particularly toward creditors in the lower economic strata, should be “revalued.”
[149] Article 48, paragraph 2, reads—“Where public security and order are seriously disturbed or endangered within the Reich, the President of the Reich may take the measures necessary for their restoration, intervening in case of need with the help of armed forces. For this purpose he is permitted, for the time being, to abrogate either wholly or partially the fundamental rights laid down in articles 114, 115, 117, 118, 123, 124, and 153.”
The articles subject to temporary suspension are quoted in the footnote to the decree of 28 February 1933, the first decree reproduced in section B, above.
[150] Article 43 reads—“The president of the Reich holds office for 7 years. Reelection is permissible.
“The president of the Reich may, upon the motion of the Reichstag, be removed from office before the expiration of his term by the vote of the people. The resolution of the Reichstag requires to be carried by a two-thirds’ majority. Upon the adoption of such a resolution, the president of the Reich is prevented from the further exercise of his office. Refusal to remove him from office, expressed by the vote of the people, is equivalent to reelection, and entails the dissolution of the Reichstag.
“Penal proceedings may not be taken against the president of the Reich without the consent of the Reichstag.”