Article 7 A member of the clergy can accept an official function or appointment in the state or in any publicly constituted corporation dependent on the state only after having received the nihil obstat of his diocesan ordinary [ bishop], as well as that of the ordinary competent for the place where the seat of the corporation is situated. For important reasons in which the interests of the Church are involved, the nihil obstat can be withdrawn at any time. [68] Between 1925-1931 Article 48 was used a total of 16 times. In 1931 alone this rose to 42 uses, in comparison to only 35 Reichstag laws being passed in the same year. In 1932, Article 48 was used 58 times.

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However, without a majority of his own in the Reichstag, von Schleicher faced the same problems as von Papen. Hindenburg refused to grant von Schleicher permission to rule by decree. A formal realignment of Church and state relationships was considered desirable in the aftermath of the political instability of 1918 and the adoption of the Weimar constitution for the Reich along with the new constitutions in the German states in 1919. [13] Key issues that the Church hoped to resolve related to state subsidies to the Church, support for Catholic schools, the appointment of bishops and the legal position of the clergy. [13] The Reich government, in turn, wished for reasons of foreign policy to have friendly relations with the Holy See. Also, Germany wanted to prevent new diocesan boundaries from being established which would dilute Germany's ties to ceded German territories in the east such as Danzig and Upper Silesia. [14]Rolfs, Richard (1995). The Sorcerer's Apprentice: The Life Of Franz von Papen. Lanham: University Press of America. ISBN 0-7618-0163-4. The Movement must come to a standstill some day; at some time a stable social structure must emerge, maintained by an impartial judiciary and by an undisputed state authority. Nothing can be achieved through everlasting dynamics. Germany must not go adrift on uncharted seas toward unknown shores, with no one knowing when it will stop. History moves on its own; it is unnecessary to drive it on incessantly. If therefore the German revolution should experience a second wave of new life, then not as a social revolution, but as the creative culmination of work already begun. The statesman is there to create standards; the state and the people are his only concerns. The state is the sole power and the last guarantor of something to which every citizen can lay claim: iron-clad justice. Therefore, the state also cannot endure any dualism in the long term, and the success of the German Revolution and the future of our nation depend on whether a satisfactory solution can be found to the dualism between party and state.

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Articles 5–10 dealt with the status of the clergy under German law. Priests were given protection against any interference in their spiritual activities as well as protection against malicious slander or misuse of clerical dress. [70] Exemption from jury service, and like obligations, was guaranteed and the secrecy of the confessional guaranteed. Members of the clergy could only accept a state appointment so long as the bishop approved and this permission could be withdrawn at any time for important reasons. [70] Friedrich Ebert · Philipp Scheidemann · Gustav Bauer · Hermann Müller · Konstantin Fehrenbach · Joseph Wirth · Wilhelm Cuno · Gustav Stresemann · Wilhelm Marx · Hans Luther · Otto Geßler (acting) · Wilhelm Marx · Hermann Müller · Heinrich Brüning · Franz von Papen · Kurt von SchleicherArticle 17 The property and all other proprietary rights of the publicly recognized corporations, institutions, foundations and associations of the Catholic Church will be guaranteed according to the common law of the state. No building used for public worship can be demolished under any pretext or for any reason whatsoever, except if a mutual agreement has been reached beforehand with the competent ecclesiastical authority. (With regard to Art. 17. In so far as building or land belonging to the state have been devoted to ecclesiastical purposes, they will continue to be devoted to them, with due regard, however, to the contracts which might have been concluded about them.) [68]

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The Catholic Church] could not silently accept the general persecution, regimentation or oppression, nor in particular the sterilization law of summer 1933. Over the years until the outbreak of war Catholic resistance stiffened until finally its most eminent spokesman was the Pope himself with his encyclical Mit brennender Sorge... of 14 March 1937, read from all German Catholic pulpits. In July 1942, Hitler said he viewed the concordat as obsolete, and intended to abolish it after the war, and only hesitated to withdraw Germany's representative from the Vatican out of "military reasons connected with the war": [108] Article 14 As a rule, the Church has the right to appoint freely to all the Church dignities and benefices without any co-operation on the part of the state or of the civil corporations, unless any other arrangement has been made in previous concordats mentioned in Article 2. As for the appointment to the metropolitan see of Freiburg, in the diocese of the Upper Rhine, it shall be applicable to the two suffragan [ subordinate] bishoprics of Rottenburg and Mainz, as well as to the bishoprics of Meissen. The same applies in the said two suffragan bishoprics as regards the appointments to the cathedral chapters and the settlement of the rights of patronage. Furthermore, agreement has been reached on the following points. (i) Catholic clerics who enjoy a spiritual office in Germany or exercise there a pastoral or educational activity, must: (a) be German citizens; (b) have obtained a school certificate (certificate of maturity) entitling them to study at a higher German school; (c) have studied philosophy and theology for at least three years at a German state university, an academic ecclesiastical college in Germany, or a papal high school in Rome. (ii) The Bulls containing appointments of archbishops, bishops, coadjutors cum iure successionis (right of succession) or of a prelatus nullis (a bishop who has jurisdiction independent of a diocese) will not be issued before the name of the selected has been communicated to the Reichsstatthalter in the State (Land) in question, and before it has been ascertained that there are no objections of a general political nature against such a person. The conditions laid down above (i) par (a), (b), (c), can be discarded by mutual agreement between Church and state. (With regard to Art. 14, par. 2, sect. 2. It is understood that if objections of a general political nature exist, they shall be presented as soon as possible. Should they not be presented within twenty days, the Holy See will be entitled to believe there are no objections against the candidate in question. Before an official announcement of the appointment is made, secrecy shall be kept about the candidates concerned. This article does not establish for the state a right to veto.) [68]At the 14 July cabinet meeting, Hitler brushed aside any debate on the details of the concordat, expressing the view "that one should only consider it as a great achievement. The concordat gave Germany an opportunity and created an area of trust which was particularly significant in the developing struggle against international Jewry." [51] Saul Friedländer speculates that Hitler may have countenanced in this "area of trust" what he perceived as the Christian Church's traditional theological antipathy towards Jews (see Hitler's comments above to Berning on 26 April) converging with Nazi aims. [51] Hitler "underlined the triumph" that the Concordat meant for the Nazi regime. Only a short time earlier he had expressed doubts that "the church would be ready to commit the Bishops to this state. That this has happened, was without doubt an unreserved recognition of the present regime." [52] When the signing of the concordat concluded today between the Holy See and the German Reich, the undersigned, being duly empowered to do so, have formulated the following explanations which form an integral part of the concordat itself. [68]

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In March 1933, the British Roman Catholic periodical The Tablet in an article titled "The Ides of March" asserted: Anthony Rhodes regarded Hitler's desire for a concordat with the Vatican as being driven principally by the prestige and respectability it brought to his regime abroad whilst at the same time eliminating the opposition of the Centre Party. [113] Rhodes took the view that if the survival of Catholic education and youth organisations was taken to be the principal aim of papal diplomacy during this period then the signing of the concordat to prevent greater evils was justified. [114] Many of the Centre Party deputies were priests who had not been afraid to raise their voices in the past and would almost certainly have voted against Hitler's assumption of dictatorial powers. [115] The voluntary dissolution of the Centre Party removed that obstacle and Hitler now had absolute power and brought respectability to the state: "Within six months of its birth, the Third Reich had been given full approval by the highest spiritual power on earth". [55] Ian Kershaw considered the role of the Centre Party in Hitler's removal of almost all constitutional restraints as "particularly ignominious." [116] Article 14 specified appointments of a bishop by the Pope was subject to mutual agreement and communication with the regime that no [general] political impediment existed, [70] while affirming appointments may be made without any co-operation on the part of the state or civil corporations. [68]Articles 31–32 relate to the issue of Catholic organizations "devoted exclusively to religious, cultural and charitable purposes" and empowered the Reich government and German episcopate to "determine, by mutual agreement, the organizations and associations which fall within the provisions of this article." Organizations (sponsored by the Catholic Church) that had any political aims no longer had any place in the new Germany; this went without saying and is not even mentioned. [70] Article 32 gave to Hitler one of his principal objectives: the exclusion of the clergy from politics such that "the Holy See will issue ordinances by which the clergy and the religious will be forbidden to be members of political parties or to be active on their behalf." [70] Catholic laity, however, were free to form, engage and propagate political parties and seek political office. The Additional Protocol provisions make clear this prohibition of clergy from political activism does not mean they can not preach on moral teachings and principles of the Church "as it is their duty to do." Edith Stein — later canonized as Saint Teresa Benedicta of the Cross — wrote a letter to Pius XI in April 1933 about the persecution of the Jews in Nazi Germany. Her letter was sent personally via the Arch-Abbott of Beuron. [48] The text of the letter is easily accessible on the internet. She never asked him to issue an encyclical on the matter, as some have contended. The Arch-Abbott received an answer from Cardinal Pacelli, the future Pius XII. See above, Hubert Wolf. (Edith Stein was murdered in the gas chamber at Auschwitz on 9 August 1942).