On the 5th of March 1933 the NSDAP received 44% of the votes. Together with the 8% of the DNVP under Papen they obtained the majority. Yet before the first constitutive meeting the Communist Party of Germany (KPD) was abandoned which gave the NSDAP >50%.

How could they just dismiss the mandates of the KPD? What was the enabling law behind this? The official enabling law was passed 23rd of march so later which could therefore not be the foundation of that self-empowering act which on the 23rd would most likely not have passed if the KPD would still be in the senate.

Sources: German Wikipedia at the very bottom under "Folgen".

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    Relates to the Reichstag fire. Check Wikipedia Communist Party of Germany – Lars Bosteen Jul 25 '18 at 0:53
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    Currently, your question is answered with the link you provided (as well as with the answer below, esp with the pic). You may want to explain why that link of your's and its branches (example) does not satisfy you? – LаngLаngС Jul 25 '18 at 1:19
  • That de.wikipedia.org/wiki/Erm%C3%A4chtigungsgesetz I did not provide, or what do you mean? I only read the part from the link and couldn't see the connection to the Reichstag Fire yet. – Diger Jul 25 '18 at 1:30
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    More fundamentally: I read this "why" as obvious ("they" would have opposed it/ and undermine legitimcay in a 'democracy'). My strong guess here is that you might mean "how exactly, and how did that fly, how was it {tried to look like} "legitimized"?. –– In any case, please edit any clarifications you yourself deem necessary or useful into the question itself. Do not 'answer' in comments. – LаngLаngС Jul 25 '18 at 1:46
  • "how exactly, and how did that fly, how was it {tried to look like} "legitimized" If you wish to put it that way, it is a possibility to phrase it. – Diger Jul 25 '18 at 10:37

The Reichstag Fire Decree of February 28, 1933, enabled extreme measures, including incarceration without trial, for members of the KPD. In preparation for voting on the Enabling Act:

The Reichstag, led by its President, Hermann Göring, changed its rules of procedure to make it easier to pass the bill. .... Göring reduced the quorum to 378 by not counting the 81 KPD deputies. .... However, it was an open secret that the KPD deputies would never be allowed to take their seats; they were thrown in jail as quickly as the police could track them down. ....

Göring also declared that any deputy who was "absent without excuse" was to be considered as present, in order to overcome obstructions. ....

Later that day, the Reichstag assembled under intimidating circumstances, with SA men swarming inside and outside the chamber. ....

At this stage, the majority of deputies already supported the bill, and any deputies who might have been reluctant to vote in favour were intimidated by the SA troops surrounding the meeting. In the end, all parties except the SPD voted in favour of the Enabling Act. With the KPD banned and 26 SPD deputies arrested or in hiding, the final tally was 444 in favour of the Enabling Act against 94 (all Social Democrats) opposed.

In the image below of the Reichstag session of March, 1933, (in the Kroll Opera House), note all the brown shirts against the far wall, to ensure that the vote takes place as planned.

enter image description here

Results of the German Federal Election of March 5, 1933, enter image description here

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