The government confronted the newly elected Reichstag with the Enabling Act that would have vested the government with legislative powers for a period of four years. As the bill required a two-thirds majority in order to pass and the coalition parties only controlled 340 of the 647 seats (52.5 percent), the government needed the support of other parties.
The Centre Party, whose vote was going to be decisive, was split on the issue of the Enabling Act. Chairman Kaas advocated supporting the bill in parliament in return for government guarantees. These mainly included respecting the President's Office retaining veto power, religious liberty, its involvement in culture, schools and education, the concordats signed by German states and the existence of the Centre Party. Via Papen, Hitler responded positively and personally addressed the issues in his Reichstag speech but he repeatedly put off signing a written letter of agreement.
Kaas was aware of the doubtful nature of such guarantees but when the Centre Party assembled on 23 March to decide on their vote, Kaas advised his fellow party members to support the bill, given the "precarious state of the party". He described his reasons as follows: "On the one hand we must preserve our soul, but on the other hand a rejection of the Enabling Act would result in unpleasant consequences for faction and party.