President Hindenberg was practically senile at the time. He also sat idly by while anti-semitic laws were passed.
However, Hitler and his allies instead quickly marginalized Papen and the rest of the cabinet. For example, as part of the deal between Hitler and Papen, Göring had been appointed interior minister of Prussia, thus putting the largest police force in Germany under Nazi control. He frequently acted without consulting his nominal superior, Papen. Neither Papen nor his conservative allies waged a fight against the Reichstag Fire Decree in late February or the Enabling Act in March. Even the German Federal Constitutional Court, which had the authority to challenge the move, “accepted the validity of the Enabling Act”.[16]https://en.wikipedia.org/wiki/Franz_von_Papen