This chapter examines Nazi policies that sought to “weed out” members of the population based on racial criteria (primarily targeting persons whom the Nazis classified as Jews, Sinti, or Roma), eugenic criteria (targeting individuals labeled as suffering from genetic diseases), or the criterion of deviance (targeting those whose deviance from social or sexual norms supposedly revealed their biological inferiority). The chapter argues that Nazi biopolitics was a contentious arena in which rivaling Nazi Party, state, and SS agencies competed for influence. This argument is developed by investigating three topics: Nazi sterilization policy; a protracted 1933−5 conflict between two competing racial theories and the impact of the conflict’s outcome on the drafting of racial legislation that culminated in the 1935 Nuremberg laws; and the 1937−8 turn to a biopolitical policy of “preventive detention” in concentration camps, on the orders of the police, which centralized efforts to round up “Asoziale,” a category that included beggars, vagrants, homeless persons, prostitutes, and potentially anyone exhibiting behavior considered socially deviant.

The Nuremberg Laws of 1935 prohibited marriage between people “of German blood” and Jews (including, in practice, “half-Jews”). So-called mixed marriages already in existence were subjected to persecutory measures. This chapter examines the fates of couples in mixed marriages and their “mixed-blood” children, both inside Germany and in Nazi-occupied Europe.

Antisemitism was a determining feature of Nazi ideology. The racial state was to be established through the so-called “Judenpolitik,” which aimed to “reduce Jewish influence,” make life for Jews in Germany difficult or impossible, and eventually drive Jews out of Germany. Although this policy was directly inspired by Hitler’s own thinking and by Nazi ideology, the resulting discrimination and persecution, culminating in genocide, was not a linear top-down process but rather the result of a dynamic interaction between central Nazi Party and state institutions, often triggered by bottom-up initiatives by local party activists at municipal level. Terror against Jews was used to drive this policy. It encompassed coercion and violence against Jews or people considered to be Jewish accompanied by legal measures to oust Jews from public life in Germany, reflecting what émigré lawyer Ernst Fraenkel described as a “dual state”: a “state of measure or action,” which used terror to quench opposition and fight “racial opponents,” and the “state of norms,” which employed legislation to achieve its aims while preserving legal certainty in order to avoid antagonizing majority society.

With Hitler’s nomination to Reich Chancellor in January 1933, the opportunity arrived to implement Nazi racial doctrine. From the outset, the Führer state deliberately took legal measures for realizing its conception of a racially pure ethnic community, as outlined in the Party program’s anti-Jewish directives. This chapter explores the theoretical background of the regime’s racial ideology and antisemitism, which culminated in the plan to annihilate European Jewry. Of special concern here is to show how high-ranking officials in the ministerial bureaucracy were not only well-informed about the regime’s increasingly radical policies, but that they interacted with the SS in the transition to mass murder. The administrative regulations enacted during the implementation of the Nuremberg Laws reach deeply into the genocidal period, which undermines the well-known argument that the ministerial bureaucracy tried to hamper the so-called “Final Solution.”