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The German Enabling Act of 2012

Updated on October 16, 2012

The German Army is Enabled Again

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German Homeland Security and the War on Terror

Stratfor has reported that the German police have been carrying out raids on alleged Islamic Militant cells. These raids were not prompted by any specific threat of terrorism; instead they have been used to gather information from which intelligence can be created.

The intelligence, that has been derived from this excercise, seems to have been used as evidence to support a significant change in the German Constitution. This change will allow troops to be used operationally within Germany; during extreme circumstances. According to the Atlantic Council , the exact scenario under which troops will be operational involves domestic terrorism.

Germany is now ultimately following America and Great Britain on the subject of Homeland Security. There is reticence and inertia within Germany to do this, because of a strong historical precedent.

The Reichstag Fire

Germany's precedent for the Constitutional change and reason for political inertia
Germany's precedent for the Constitutional change and reason for political inertia

The Historical Precedent

The Reichstag Fire of 1933, was an act of domestic terror; executed by foreign terrorists. It ushered in the change that led to the rise of the Nazi Party by democratic process. The Constitutional change was known as the Enabling Act.This was exercised in a Constitutional process that facilitated the Nazi subversion of democracy in Germany. It is therefore no surprise that Germans are reticent about issues of domestic terrorism; especially when they cause changes in the Constitution leading to losses of civil liberty in the name of national security. They do not wish to have another Enabling Act.

This latest change is more worrisome, as it is being made in a vacuum; where no act of terrorism has yet occurred. Terrorism is anticipated, rather than being reacted to. Germany is trying to avoid another Reichstag moment.

There is an inherent conflict, between the requirement for democratic transparency and the need for secrecy to protect national security. German democracy is being pushed to the limits of credibility.

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