"Non-Germans" Under the Third Reich (312 page)

Cover design by Ashley Beck

Cover photo: Einsatzkommando 3/V guarding Jews in Plonsk in Zichenau regional district, September 27, 1939. From a photo album of an unidentified official of Einsatzkommando 3/V and the Gestapo in Hohensalza. (
Instytut Pamieci Narodwej, courtesy of the US Holocaust Memorial Museum
)

Library of Congress Control Number: 2013947077

Texas Tech University Press

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Published in association with the United States Holocaust Memorial Museum

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The assertions, arguments, and conclusions are those of the author. They do not necessarily reflect the opinions of the United States Holocaust Memorial Council or of the United States Holocaust Memorial Museum.

e-ISBN 978-0-89672-817-2

Texas Tech University Press
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*
In this edition titled “Additions to the Bibliography (1993)”—Publisher.

Table of Contents

Title Page

Contents

Preface to the English-Language Edition

Foreword to the Second German Edition (1993)

Preface to the Second German Edition (1993)

Foreword to the First German Edition (1981)

Preface to the First German Edition (1981)

Abbreviations

List of Illustrations

Introduction

I. The Tense Relations between State Leadership and State Administration in the National Socialist System of Government

II. Law and Administration as Partly Autonomous Powers in the National Socialist System of Government

1. Persistence and Continuity

2. Structural Elements

III. Legal and Administrative Principles in the National Socialist State

1. The Führer Principle

a. The Concept

b. The Making of an Absolute

c. Effects on the Governmental Sector

aa. Outlines of the “Völkisch Constitution”

bb. The Führer Principle and State Organization

cc. The Führer Principle and the Administration of Justice

2. The Principle of the Primacy of Party over State (“Politicized Administration”)

a. The Integration of Party and State Personnel

b. Organizational Integration of Party and State

c. The Influence of the NSDAP on Government Personnel Policy

d. Coordination (Gleichschaltung) of the Reich Administration: The Example of the Judiciary

3. The Principle of Völkisch Inequality (Special Law)

a. The National Socialist Idea of the Volksgemeinschaft as the Basis of Völkisch Inequality

aa. The Racial Basis of the Term Volksgemeinschaft

bb. The Reinterpretation of the Concept of Race as the Idea of the Völkisch and Its Delineation in Constitutional Theory

b. The National Socialist Concept of Völkisch Equality

c. The National Socialist Concept of Völkisch Inequality: The Principle of Special Law

d. Targets for the Implementation of Völkisch Inequality

aa. Jews

bb. Other “Non-German” Minorities

cc. “Non-Germans” in General

dd. “Racially Undesirable” Liaisons

ee. “Undesirable” Persons or Groups: The Principle of Special Law as the Central Concept of National Socialism

e. Territorial Differences

PART ONE: The Principle of Special Law against “Non-Germans” in the Area of Public Law (General and Internal Administration with Supplementary Areas)

Section One: The Implementation of Völkisch Inequality in the Altreich

I. General Outlines

II. Civil Service Law

1. The Law for the Restoration of the Professional Civil Service, April 7, 1933

2. The German Civil Service Code, January 26, 1937

III. Race Legislation in the Narrower Sense

1. The Law for the Prevention of Progeny with Hereditary Diseases (Eugenics Law), July 14, 1933

2. The Law for the Protection of German Blood and German Honor, September 15, 1935

3. The Law for the Protection of the Hereditary Health of the German People (Marital Hygiene Law), October 18, 1935

4. The Marriage Law, July 6, 1938

IV. Citizenship Law

1. The Law on the Revocation of Naturalization and the Deprivation of German Citizenship, July 14, 1933

2. The Reich Citizenship Law, September 15, 1935 (Reichsbürgergesetz)

3. Plans for New Regulations

4. The Position under Constitutional Law of the Jews with German State Subject Status Living Abroad: The Eleventh Decree to the Reich Citizenship Law, November 25, 1941

5. The Constitutional Status of “Non-German” Inhabitants of the Reich and the Occupied Territories: Conditional State Subject Status, Protected Status, and the Consequences (Ethnic Gradation)

V. Professional and Labor Law

1. Professions Subject to State Licensing

a. Attorneys and Related Professions

b. Physicians and Related Professions

2. Other Liberal Professions

3. Labor Law

a. Jewish Workers

b. Excursus: The Special Treatment of the “Alien Workforce”

VI. The Cultural and Social Sector

VII. Commercial and Property Law

1. Measures for Dispossessing Jews of Their Property

a. Dispossession Measures Following the Reichskristallnacht

b. The Decree on the Registration of Jewish Property, April 26, 1938, and the Decree on the Utilization of Jewish Property, December 3, 1938

c. The Eleventh Decree to the Reich Citizenship Law, November 25, 1941

d. The Dispossession of Jewish Property on the Basis of Other Regulations

2. The Treatment of Polish Property in the Altreich

Excursus: Tax Law

VIII. Discrimination against “Non-Germans” in Public Life

1. Identification Requirements

2. Restrictions on Freedom of Personal Movement

3. “Non-German” Associations

Excursus: Police Law

1. Anti-Jewish Measures within the Purview of Traditional Police Law

2. Imposition of the Police Statutes on “Non-German” Workers in the Reich Territory

Conclusion

Section Two: The Implementation of Völkisch Inequality in the Annexed Eastern Territories

Introduction: Fundamentals of National Socialist Administrative Policy: The Exploitation and Expulsion of “Non-Germans”