The purpose of this essay is to demonstrate that, although Hitler came to power in the "letter of the law", he did not come to power in the "spirit of the law". Hitler was appointed. He was elected Chancellor on 30 January 1933, with only two other Nazis in the cabinet, but Van Papen thought this was enough to control him and the conservatives Hitler persuaded President Hindenburg to call new elections in March 1933, in the hope that he would get the absolute majority. However in the new elections Hitler controlled Prussia through Göring (cabinet minister) and the other two fifths of Germany through Frick (the other cabinet minister), with the police chiefs and heads of local governments appointed by the Nazis the legal power of intimidate the electorate. At the end of February 1933 Hitler was chancellor and in control of the police and local government, all legally and not in the spirit of the constitution. On February 27, 1933, a half-mad Dutch communist called for a rally. Van der Lubbe was found wandering in the ashes of the burning Reichstag. This provided the Nazis with the opportunity to persuade Hindenburg to sign an emergency decree (composed by Frick) on 28 February, suspending civil liberties and allowing the central government to run regional governments deemed incapable of managing themselves. By the end of April, twenty-five thousand people had been placed in "protective custody" in Prussia alone. According to the decree Frick could "take control" of areas not yet controlled by Göring. Because of the "suicide clause" these actions were legal but definitely not within the democratic spirit of the constitution. In the March 1933 Reichstag elections the Nazis increased their control from 33.1 percent in December 1932 to 43.9 percent. This increase can be attributed to the Nazis' strong stance towards communism. The Nazis were known for their hatred of communism, the middle class voted Nazi because of that policy. Joseph Goebbels' propaganda machine was also very good at "acquiring" votes. Nazi intimidation by the current Auxiliary Police (in Prussia), the SA and the SS, as well as the threat of unemployment from Nazi-run organizations, also contributed to increasing Nazi votes. With their right-wing and Catholic allies, the Nazis were now able to gain power legally. Hitler clearly gained power legally regarding the election results, but regarding how he achieved the results it is clear that he acted both illegally and against the constitution.