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Hitler's American Model

Hitler's American Model

The United States and the Making of Nazi Race Law
by James Q. Whitman 2017 224 pages
3.92
1k+ ratings
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Key Takeaways

1. Nazi Germany looked to American racism for inspiration

"There is currently one state," wrote Adolf Hitler, "that has made at least the weak beginnings of a better order."

Unexpected influence. Nazi Germany, in its quest to create a racist state, found inspiration in an unlikely source: the United States of America. Hitler and other Nazi leaders frequently praised American racial policies and laws, seeing them as a model for their own racist agenda. This admiration extended beyond mere rhetoric; Nazi lawyers and policymakers actively studied and sought to emulate various aspects of American race law.

Broad scope of interest. The Nazi interest in American racism was not limited to a single area but encompassed a wide range of policies and practices:

  • Immigration restrictions
  • Citizenship laws
  • Anti-miscegenation statutes
  • Racial classification systems
  • Segregation practices

This comprehensive examination of American race law by Nazi Germany reveals the extent to which the United States was perceived as a leader in institutionalized racism during the early 20th century.

2. U.S. immigration and citizenship laws influenced Nazi policies

America was the global leader in race law, admired around the world for the vigor of its legislation; in this the Nazis were not alone.

Pioneering restrictions. The United States implemented a series of race-based immigration and citizenship laws in the late 19th and early 20th centuries that caught the attention of Nazi policymakers:

  • Chinese Exclusion Act of 1882
  • Immigration Act of 1924 (Johnson-Reed Act)
  • Various state-level restrictions on citizenship and naturalization

Nazi adaptations. These American laws provided a blueprint for Nazi Germany as it sought to restrict citizenship and immigration based on racial criteria. The Nazis viewed American policies as evidence that a modern, powerful nation could successfully implement racist legislation. They studied these laws in detail, often citing them in their own policy discussions and legal drafting processes.

Broader influence. The impact of American immigration and citizenship laws extended beyond Nazi Germany, influencing racist policies in other countries as well. This widespread admiration for American race law underscores the United States' role as a global leader in institutionalized racism during this period.

3. American anti-miscegenation laws served as a model for Nazi race laws

American law offered the great example of a Western system that criminalized mixed marriages.

Legal precedent. Nazi lawyers and policymakers were particularly interested in American anti-miscegenation laws, which prohibited interracial marriages and sexual relationships. These laws provided a legal framework for the Nazis' own efforts to prevent "race mixing" between Germans and Jews.

Key aspects of American anti-miscegenation laws that appealed to the Nazis:

  • Criminal penalties for interracial marriages
  • Detailed racial classifications to determine who could marry whom
  • Long-standing legal tradition dating back to the colonial era

Nuremberg Laws influence. The Nazi regime's infamous Nuremberg Laws, which prohibited marriages and sexual relations between Jews and non-Jewish Germans, were directly influenced by American anti-miscegenation statutes. Nazi lawyers studied these laws in detail, often citing them in discussions leading up to the drafting of the Nuremberg Laws.

Wider implications. The Nazi interest in American anti-miscegenation laws highlights the global impact of U.S. racial policies and the extent to which they were seen as a model for other racist regimes.

4. Nazi lawyers studied American racial classifications and definitions

Nazi observers were well aware that there was an American model to exploit, and they were quite willing to draw on American law in planning their "fundamental constitutional law of the national socialist state" on interbreeding and sex.

Detailed analysis. Nazi legal scholars conducted in-depth studies of American racial classification systems, particularly focusing on how various states defined and categorized different races. They were especially interested in:

  • The "one-drop rule" for determining black ancestry
  • Laws defining the status of mixed-race individuals
  • State-by-state variations in racial classifications

Adaptation and critique. While the Nazis found much to admire in American racial classifications, they also critiqued and adapted these systems to fit their own ideological goals. For example, they often found American definitions too extreme, particularly the one-drop rule for determining black ancestry.

Practical application. The Nazi regime used their study of American racial classifications to inform their own policies on defining who was considered Jewish under the Nuremberg Laws. This process of adaptation and implementation demonstrates the concrete ways in which American race law influenced Nazi policy-making.

5. The U.S. was seen as a leader in racist lawmaking in the early 20th century

From the point of view of Nazi lawyers in the early 1930s, the United States was indeed the "classic example." It was the country that produced the really "interesting" innovations, the natural first place to turn for anybody in the business of planning a "race state."

Global influence. In the early 20th century, the United States was widely regarded as the world leader in racist legislation. This perception extended beyond Nazi Germany, influencing policies in countries such as:

  • Australia
  • South Africa
  • Brazil

Comprehensive system. The U.S. had developed a complex and far-reaching system of racist laws that covered multiple aspects of society:

  • Immigration restrictions
  • Citizenship requirements
  • Segregation policies
  • Anti-miscegenation statutes
  • Racial classification systems

Nazi admiration. Nazi lawyers and policymakers frequently praised American race law, seeing it as a model for their own efforts to create a racist state. They viewed the U.S. as having taken the first steps toward realizing a racial order that Nazi Germany sought to perfect.

6. Nazi interest in American law reveals uncomfortable truths about U.S. history

Awful it may be to contemplate, but the reality is that the Nazis took a sustained, significant, and sometimes even eager interest in the American example in race law.

Historical reckoning. The Nazi regime's fascination with and use of American race law forces us to confront uncomfortable truths about U.S. history. It challenges the narrative of America as a beacon of freedom and democracy by highlighting its role in inspiring one of history's most notorious racist regimes.

Key implications:

  • Exposes the depth and breadth of American racism in the early 20th century
  • Demonstrates the global impact of U.S. racist policies
  • Challenges assumptions about American exceptionalism

Ongoing relevance. Understanding this history is crucial for addressing ongoing issues of racism and discrimination in the United States. It provides context for current debates about systemic racism and the legacy of discriminatory laws and policies.

7. American legal pragmatism appealed to Nazi lawyers

What attracted Nazi lawyers was not just American racism but American legal culture, and that means that we must face some uncomfortable questions about the value of the American way of doing things.

Flexible approach. Nazi lawyers were drawn to the pragmatic and flexible nature of American common law. They admired its ability to adapt to changing social and political circumstances, seeing it as more responsive than the rigid civil law systems of continental Europe.

Key aspects of American legal culture that appealed to Nazi lawyers:

  • Judicial discretion in interpreting and applying laws
  • Emphasis on practical outcomes over strict adherence to legal theory
  • Ability to incorporate racist principles into law without explicit codification

Implications for legal theory. The Nazi admiration for American legal pragmatism raises challenging questions about the potential dangers of flexible legal systems. It suggests that such systems can be more easily co-opted for unjust purposes than more rigid, codified legal frameworks.

8. The Nazi regime adapted and radicalized American racist practices

If Nazi legal authors believed that American race legislation was highly "imperfect" and therefore deserving of reproach, they nevertheless thought of the United States as a country groping its way toward the policies of a healthy völkisch order.

Inspiration and escalation. While the Nazis drew inspiration from American race laws, they often sought to go further in their implementation of racist policies. They viewed the U.S. as having taken important first steps but believed that Nazi Germany would perfect and fully realize the racial order that America had begun to establish.

Examples of Nazi adaptation and radicalization:

  • Expanding anti-miscegenation laws to target Jews specifically
  • Creating more explicit and state-enforced racial hierarchies
  • Implementing more comprehensive and severe restrictions on citizenship

Ideological framework. The Nazis incorporated American racist practices into their own ideological framework, often reinterpreting and expanding upon them to fit their specific goals of creating a pure "Aryan" state.

9. U.S. race laws were sometimes considered too extreme by Nazi officials

The painful paradox, as we shall see, is that Nazis lawyers, even radical ones, found American law on mongrelization too harsh to be embraced by the Third Reich.

Surprising moderation. In some instances, Nazi officials viewed certain aspects of American race law as too extreme for implementation in Germany. This was particularly true in the area of racial classification and the treatment of mixed-race individuals.

Examples of American practices deemed too harsh by some Nazis:

  • The "one-drop rule" for determining black ancestry
  • Strict segregation policies in some southern states
  • Certain aspects of Native American policy

Contextual considerations. This surprising moderation in some areas highlights the complex and often contradictory nature of Nazi racial ideology. It also underscores the extent to which American race law had pushed the boundaries of institutionalized racism on a global scale.

10. Nazi engagement with American law was not mere propaganda

Scholars have failed to write this history for two reasons: they have been looking in the wrong place and have been employing the wrong interpretive tools.

Genuine interest. Contrary to some scholarly interpretations, Nazi engagement with American race law was not simply a propaganda exercise or an attempt to deflect criticism. Evidence shows that Nazi lawyers and policymakers conducted serious, in-depth studies of American legal practices with the intent of adapting them for use in Germany.

Key evidence of genuine Nazi interest in American law:

  • Detailed internal memos and policy discussions referencing U.S. laws
  • Translations and analyses of American legal texts
  • Incorporation of American legal concepts into Nazi policy proposals

Scholarly reassessment. This understanding requires a reassessment of how we interpret Nazi Germany's relationship with other countries and legal systems. It challenges the notion that Nazi ideology and policy developed in isolation, highlighting instead the international influences on the regime's racist agenda.

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Review Summary

3.92 out of 5
Average of 1k+ ratings from Goodreads and Amazon.

Hitler's American Model explores how American race laws influenced Nazi legal thinking in the 1930s. Reviewers found the book well-researched and disturbing, highlighting America's role in global racism. Some praised Whitman's nuanced approach, while others felt he was too apologetic or repetitive. The book sparked reflection on America's racial history and its ongoing impact. Reviewers appreciated the historical context but wished for more connections to contemporary issues. Overall, it was seen as an important, if uncomfortable, examination of a little-known aspect of American and Nazi history.

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About the Author

James Q. Whitman is a distinguished legal scholar specializing in comparative and foreign law. As the Ford Foundation Professor at Yale Law School, he has authored several notable books exploring various aspects of legal history and theory. His works include "Harsh Justice," "The Origins of Reasonable Doubt," and "The Verdict of Battle," demonstrating his expertise in diverse legal topics. Whitman's research often delves into the historical and cultural contexts that shape legal systems. Based in New York City, he continues to contribute to the field of comparative law through his teaching and writing, offering unique perspectives on the evolution and interconnections of global legal traditions.

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