Erwin Bumke, Polish-German jurist and politician (b. 1874)

Erwin Konrad Eduard Bumke (born on 7 July 1874, passing away on 20 April 1945) held a uniquely pivotal, albeit ultimately tragic, position in German history as the last President of the Reichsgericht. This esteemed institution served as the supreme civil and criminal court of the German Reich, a cornerstone of its legal system. Bumke's tenure as its head spanned from 1929 through to the dramatic conclusion of World War II in 1945, encompassing the final years of the Weimar Republic and the entirety of the Nazi regime.

His role as the President of the Reichsgericht placed him in a fascinating and perilous constitutional situation. According to the foundational principles enshrined within the Weimar Constitution, specifically Article 51, the President of the Supreme Court was designated to assume the powers of the President of the Reich in the event of a vacancy until a new election could be held. Therefore, upon the death of the incumbent President Paul von Hindenburg in August 1934, Bumke should, by constitutional right, have automatically succeeded him as the interim President of Germany. This would have made him the interim Head of State of Nazi Germany, a starkly different trajectory than what actually unfolded.

However, the burgeoning power of the Nazi Party systematically dismantled the Weimar Republic's democratic structures. In a move that flagrantly disregarded the constitution, the Nazi-controlled Reichstag swiftly passed a measure known as the "Law on the Head of State of the German Reich" (Gesetz über das Staatsoberhaupt des Deutschen Reichs vom 1. August 1934) on the very day of Hindenburg's death. This unconstitutional law effectively circumvented the established line of succession by combining the office of President with that of the Chancellor, thereby consolidating all executive power into the hands of Adolf Hitler. With this decisive legislative stroke, Hitler was officially declared the "Führer und Reichskanzler" (Leader and Chancellor), thus becoming the undisputed and absolute Head of State and government of Germany, permanently sidelining any constitutional claim Bumke might have had.

Despite this constitutional coup, Erwin Bumke continued in his capacity as President of the Reichsgericht throughout the Nazi era. His decision to remain in his post, presiding over Germany's highest court under a totalitarian regime that systematically undermined legal principles, remains a subject of historical debate and ethical scrutiny. His life ended tragically on 20 April 1945, by suicide, just days before the collapse of Nazi Germany and the entry of Allied forces into Leipzig, where the Reichsgericht was located.

Frequently Asked Questions about Erwin Bumke and the Reichsgericht

Who was Erwin Bumke?

Erwin Konrad Eduard Bumke was a prominent German jurist who served as the last President of the Reichsgericht, Germany's supreme court, from 1929 until his death in 1945. He is primarily known for his constitutional position that should have made him the interim Head of State after President Hindenburg's death, a role that was illegally usurped by Adolf Hitler.

What was the Reichsgericht?

The Reichsgericht was the supreme court for civil and criminal matters in the German Reich from 1879 to 1945. Located in Leipzig, it served as the highest judicial authority, ensuring the uniform application of law across the German states, first under the German Empire, then the Weimar Republic, and finally during the Nazi era.

Why was Erwin Bumke constitutionally significant in 1934?

Under Article 51 of the Weimar Constitution, the President of the Reichsgericht was designated to temporarily assume the powers of the Reich President if that office became vacant until a new election could be held. With Paul von Hindenburg's death in August 1934, Erwin Bumke, as the sitting President of the Reichsgericht, should have become the interim President of Germany.

How did Adolf Hitler prevent Bumke from becoming Head of State?

On 1 August 1934, the day of Hindenburg's death, the Nazi-controlled Reichstag passed the "Law on the Head of State of the German Reich." This unconstitutional law merged the offices of President and Chancellor, transferring all presidential powers to Adolf Hitler, who then adopted the title "Führer und Reichskanzler." This move bypassed the constitutional succession mechanism and consolidated absolute power in Hitler's hands.

Did Bumke continue to serve under the Nazi regime?

Yes, Erwin Bumke remained as President of the Reichsgericht throughout the Nazi regime until his death in April 1945. His continued service under a totalitarian government that systematically violated legal principles is a complex and often debated aspect of his legacy.

What was Bumke's fate?

Erwin Bumke died by suicide on 20 April 1945, just days before the unconditional surrender of Nazi Germany. He took his own life in Leipzig as Allied forces were closing in, marking a poignant end to the life of a jurist who witnessed, and in some ways facilitated, the legal collapse of a nation.