That the will of the people is embodied in the Fuehrer does not exclude the possibility that the Fuehrer can summon all members of the people to a plebiscite on a certain question. In this “asking of the people” the Fuehrer does not, of course, surrender his decisive power to the voters. The purpose of the plebiscite is not to let the people act in the Fuehrer’s place or to replace the Fuehrer’s decision with the result of the plebiscite. Its purpose is rather to give the whole people an opportunity to demonstrate and proclaim its support of an aim announced by the Fuehrer. It is intended to solidify the unity and agreement between the objective people’s will embodied in the Fuehrer and the living, subjective conviction of the people as it exists in the individual members ... This approval of the Fuehrer’s decision is even more clear and effective if the plebiscite is concerned with an aim which has already been realized rather than with a mere intention.[47]
Huber states that the Reichstag elections in the Third Reich have the same character as the plebiscites. The list of delegates is made up by the Fuehrer and its approval by the people represents an expression of renewed and continued faith in him. The Reichstag no longer has any governing or lawgiving powers but acts merely as a sounding board for the Fuehrer:
It would be impossible for a law to be introduced and acted upon in the Reichstag which had not originated with the Fuehrer or, at least, received his approval. The procedure is similar to that of the plebiscite: The lawgiving power does not rest in the Reichstag; it merely proclaims through its decision its agreement with the will of the Fuehrer, who is the lawgiver of the German people.[48]
Huber also shows how the position of the Fuehrer developed from the Nazi Party movement:
The office of the Fuehrer developed out of the National Socialist movement. It was originally not a state office; this fact can never be disregarded if one is to understand the present legal and political position of the Fuehrer. The office of the Fuehrer first took root in the structure of the Reich when the Fuehrer took over the powers of the Chancelor, and then when he assumed the position of the Chief of State. But his primary significance is always as leader of the movement; he has absorbed within himself the two highest offices of the political leadership of the Reich and has created thereby the new office of “Fuehrer of the people and the Reich.” That is not a superficial grouping together of various offices, functions, and powers ... It is not a union of offices but a unity of office. The Fuehrer does not unite the old offices of Chancelor and President side by side within himself, but he fills a new, unified office.[49]
The Fuehrer unites in himself all the sovereign authority of the Reich; all public authority in the state as well as in the movement