; that is, it is entrusted to the
Fuehrer by the people. It exists for the people and has its
justification in the people; it is free of all outward ties
because it is in its innermost nature firmly bound up with
the fate, the welfare, the mission, and the honor of the
people.[50]
Neesse, in his _The National Socialist German Workers Party--An
Attempt at Legal Interpretation_, emphasizes the importance of
complete control by the party leadership over all branches of the
government. He says there must be no division of power in the Nazi
state to interfere with the leader's freedom of action. Thus the
Fuehrer becomes the administrative head, the lawgiver, and the highest
authority of justice in one person. This does not mean that he stands
above the law. "The Fuehrer may be outwardly independent, but inwardly
he obeys the same laws as those he leads."[51]
The _leadership_ (_Fuehrung_) in the Nazi state is not to be compared
with the _government_ or _administration_ in a democracy:
_Fuehrung_ is not, like government, the highest organ of the
state, which has grown out of the order of the state, but it
receives its legitimation, its call, and its mission from
the people ...[52]
The people cannot as a rule announce its will by means of
majority votes but only through its embodiment in one man,
or in a few men. The principle of the _identity_ of the
ruler and those who are ruled, of the government and those
who are governed has been very forcibly represented as the
principle of democracy. But this identity ... becomes
mechanistic and superficial if one seeks to establish it in
the theory that the people are at once the governors and the
governed ... A true organic identity is only possible when
the great mass of the people recognizes its embodiment in
one man and feels itself to be one nature with him ... Most
of the people will never exercise their governing powers but
only wish to be governed justly and well ... National
Socialist _Fuehrung_ sees no value in trying to please a
majority of the people, but its every action is dictated by
service to the welfare of the people, even though a majority
would not approve it. The mission of the _Fuehrung_ is
received from the people, but the fulfilment of this mission
and the exercise of power are free and must be free, for
howev
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