The delegates are elected by universal, equal, direct and secret suffrage

by all men and women over twenty years of age, in accordance with the

principles of proportional representation. The day for elections must be

a Sunday or a public holiday.

The details will be regulated by the national election law.

ARTICLE 23

The National Assembly is elected for four years. New elections must take

place at the latest on the sixtieth day after its term comes to an end.

The National Assembly convenes at the latest on the thirtieth day after

the election.

ARTICLE 24

The National Assembly meets each year on the first Wednesday in November

at the seat of the National Government. The President of the National

Assembly must call it earlier if the President of the Commonwealth, or at

least one-third of the members of the National Assembly, demand it.

The National Assembly determines the close of its session and the day of

re-assembling.

ARTICLE 25

The President of the Commonwealth may dissolve the National Assembly, but

only once for the same cause.

The new election occurs at the latest on the sixtieth day after such

dissolution.

ARTICLE 26

The National Assembly chooses its President, Vice-President and its

Secretaries. It regulates its own procedure.

ARTICLE 27

During the interval between sessions, or while elections are taking

place, the President and Vice-President of the preceding session conduct

its affairs.

ARTICLE 28

The President administers the regulations and policing of the National

Assembly building. The management of the building is subject to his

direction; he controls its receipts and expenses in accordance with the

provisions of the budget, and represents the Commonwealth in all legal

affairs and in litigation arising during his administration.

ARTICLE 29

The proceedings of the National Assembly are public. At the request of

fifty members the public may be excluded by a two-thirds vote.

ARTICLE 30

True and accurate reports of the proceedings in public sittings of the

National Assembly, of a State Assembly, or of their committees, are

absolutely privileged.

ARTICLE 31

An Electoral Commission to decide disputed elections will be organized

in connection with the National Assembly. It will also decide whether a

delegate has forfeited his seat.

The Electoral Commission consists of members of the National Assembly,

chosen by the latter for the life of the Assembly, and of members of the

National Administrative Court, to be appointed by the President of the

Commonwealth on the nomination of the presidency of this court.

This Electoral Commission pronounces judgment after public hearings

through a quorum of three members of the National Assembly and two

judicial members.

Proceedings apart from the hearings before the Electoral Commission will

be conducted by a National Commissioner appointed by the President of the

Commonwealth. In other respects the procedure will be regulated by the

Electoral Commission.

ARTICLE 32

The National Assembly acts by majority vote unless otherwise provided in

the Constitution. For the conduct of elections by the National Assembly

it may, in its rules of procedure, make exceptions.

The quorum to do business will be regulated by the rules of procedure.

ARTICLE 33

The National Assembly and its committees may require the presence of the

National Chancellor and of any National Minister.

The National Chancellor, the National Ministers, and Commissioners

designated by them, have the right to be present at the sittings of the

National Assembly and of its committees. The States are entitled to send

their plenipotentiaries to these sittings to submit the views of their

Cabinets on matters under consideration.

At their request the representatives of the Cabinets shall be heard

during the deliberations, and the representatives of the National Cabinet

shall be heard even outside the regular order of business.

They are subject to the authority of the presiding officer in matters of

order.

ARTICLE 34

The National Assembly has the right, and, on proposal of one-fifth of

its members, the duty to appoint committees of investigation. These

committees, in public sittings, inquire into the evidence which they,

or the proponents, consider necessary. The public may be excluded by a

two-thirds vote of the committee of investigation. The rules of procedure

regulate the proceedings of the committee and determine the number of its

members.

The judicial and administrative authorities are required to comply with

requests by these committees for information, and the record of the

authorities shall on request be submitted to them.

The provisions of the code of criminal procedure apply as far as is

suitable to the inquiries of these committees and of the authorities

assisting them, but the secrecy of letter and other post, telegraph, and

telephone services will remain inviolate.

ARTICLE 35

The National Assembly appoints a Standing Committee on foreign affairs

which may also act outside of the sittings of the National Assembly

and after its expiration or dissolution until a new National Assembly

convenes. Its sittings are not public, unless the committee by a

two-thirds vote otherwise provides.

The National Assembly also appoints a Standing Committee for the

protection of the rights of the representatives of the People against the

National Cabinet during a recess and after the expiration of the term for

which it was elected.

These committees have the rights of committees of investigation.

ARTICLE 36

No member of the National Assembly or of a State Assembly shall at any

time whatsoever be subject to any judicial or disciplinary prosecution

or be held responsible outside of the House to which he belongs on

account of his vote or his opinions uttered in the performance of his

duty.

ARTICLE 37

No member of the National Assembly or of a State Assembly shall during

the session, without the consent of the House to which he belongs, be

subject to investigation or arrest on account of any punishable offence,

unless he is caught in the act, or apprehended not later than the

following day.

Similar consent is required in the case of any other restraint of

personal liberty which interferes with the performance by a delegate of

his duties.

Any criminal proceeding against a member of the National Assembly or of a

State Assembly, and any arrest or other restraint of his personal liberty

shall, at the demand of the House to which he belongs, be suspended for

the duration of the session.

ARTICLE 38

The members of the National Assembly and the State Assemblies are

entitled to refuse to give evidence concerning persons who have given

them information in their official capacity, or to whom they have given

information in the performance of their official duties, or concerning

the information itself. In regard also to the seizure of papers their

position is the same as that of persons who have by law the right to

refuse to give evidence.

A search or seizure may be proceeded with in the precincts of the

National Assembly or of a State Assembly only with the consent of its

President.

ARTICLE 39

Civil officers and members of the armed forces need no leave to perform

their duties as members of the National Assembly or of a State Assembly.

If they become candidates for election to these bodies, the necessary

leave shall be granted them to prepare for their election.

ARTICLE 40

The members of the National Assembly shall have the right of free

transportation over all German railroads, and also compensation as fixed

by national law.

_SECTION III_

THE NATIONAL PRESIDENT AND THE NATIONAL CABINET

ARTICLE 41

The National President is chosen by the whole German People.

Every German who has completed his thirty-fifth year is eligible for

election.

The details will be regulated by a national law.

ARTICLE 42

The National President, on assuming his office, takes before the National

Assembly the following oath:

_I swear to devote all my energy to the welfare of the German

People, to increase their prosperity, to protect them from

injury, to preserve the Constitution and the laws of the

Commonwealth, to perform my duties conscientiously, and to deal

justly with all._

The addition of a religious affirmation is permitted.

ARTICLE 43

The term of the National President is seven years. He is eligible for

re-election.

The President may be removed before the end of his term by vote of the

People on proposal of the National Assembly. The act of the National

Assembly in such case requires a two-thirds majority vote. Upon such

action the President is suspended from further exercise of his office.

A refusal by the People to remove the President has the effect of a new

election and entails the dissolution of the National Assembly.

The National President shall not be subject to criminal prosecution

without the consent of the National Assembly.

ARTICLE 44

The National President may not at the same time be a member of the

National Assembly.

ARTICLE 45

The National President represents the Commonwealth in matters of

international law. He concludes in the name of the Commonwealth,

alliances and other treaties with foreign powers. He accredits and

receives ambassadors.

War is declared and peace concluded by national law.

Alliances and treaties with foreign States, relating to subjects within

the jurisdiction of the Commonwealth, require the consent of the National

Assembly.

ARTICLE 46

The President appoints and dismisses the civil and military officers of

the Commonwealth if not otherwise provided by law. He may delegate this

right of appointment or dismissal to other authorities.

ARTICLE 47

The National President has supreme command over all the armed forces of

the Commonwealth.

ARTICLE 48

If any State does not perform the duties imposed upon it by the

Constitution or by national laws, the National President may hold it to

the performance thereof by force of arms.

If public safety and order in the German Commonwealth is materially

disturbed or endangered, the National President may take the necessary

measures to restore public safety and order, and, if necessary, to

intervene by force of arms. To this end he may temporarily suspend, in

whole or in part, the fundamental rights established in Articles 114,

115, 117, 118, 123, 124 and 153.

The National President must immediately inform the National Assembly of

all measures adopted by authority of Paragraphs 1 or 2 of this Article.

These measures shall be revoked at the demand of the National Assembly.

If there is danger from delay, the State Cabinet may for its own

territory take provisional measures as specified in Paragraph 2. These

measures shall be revoked at the demand of the National President or of

the National Assembly.

The details will be regulated by a national law.

ARTICLE 49

The National President exercises the right of pardon for the Commonwealth.

National amnesties require a national law.

ARTICLE 50

All orders and directions of the National President, including

those concerning the armed forces, require for their validity the

countersignature of the National Chancellor or of the appropriate

National Minister. By the countersignature responsibility is assumed.

ARTICLE 51

The National President is represented temporarily in case of disability

by the National Chancellor. If such disability seems likely to continue

for any considerable period, he shall be represented as may be determined

by a national law.

The same procedure shall be followed in case of a premature vacancy of

the Presidency until the completion of the new election.

ARTICLE 52

The National Cabinet consists of the National Chancellor and the National

Ministers.

ARTICLE 53

The National Chancellor and, on his proposal, the National Ministers are

appointed and dismissed by the National President.

ARTICLE 54

The National Chancellor and the National Ministers require for the

administration of their offices the confidence of the National Assembly.

Each of them must resign if the National Assembly by formal resolution

withdraws its confidence.

ARTICLE 55

The National Chancellor presides over the National Cabinet and conducts

its affairs in accordance with rules of procedure, which will be framed

by the National Cabinet and approved by the National President.

ARTICLE 56

The National Chancellor determines the general course of policy and

assumes responsibility therefor to the National Assembly. In accordance

with this general policy each National Minister conducts independently

the particular affairs intrusted to him and is held individually

responsible to the National Assembly.

ARTICLE 57

The National Ministers shall submit to the National Cabinet for

consideration and decision all drafts of bills and other matters for

which this procedure is prescribed by the Constitution or by law, as well

as differences of opinion over questions which concern the departments of

several National Ministers.

ARTICLE 58

The National Cabinet will make its decisions by majority vote. In case of

a tie the vote of the presiding officer will be decisive.

ARTICLE 59

The National Assembly is empowered to impeach the National President,

the National Chancellor, and the National Ministers before the Supreme

Judicial Court of the German Commonwealth for any wrongful violation

of the Constitution or laws of the Commonwealth. The proposal to bring

an impeachment must be signed by at least one hundred members of the

National Assembly and requires the approval of the majority prescribed

for amendments to the Constitution. The details will be regulated by the

national law relating to the Supreme Judicial Court.

_SECTION IV_

THE NATIONAL COUNCIL

ARTICLE 60

A National Council will be organized to represent the German States in

national legislation and administration.

ARTICLE 61

In the National Council each State has at least one vote. In the case of

the larger States one vote is accorded for every million inhabitants. Any

excess equal at least to the population of the smallest State is reckoned

as equivalent to a full million. No State shall be accredited with more

than two-fifths of all votes.

[German-Austria after its union with the German Commonwealth will

receive the right of participation in the National Council with the

number of votes corresponding to its population. Until that time the

representatives of German-Austria have a deliberate voice.][71]

The number of votes is determined anew by the National Council after

every general census.

ARTICLE 62

In committees formed by the National Council from its own members no

State will have more than one vote.

ARTICLE 63

The States will be represented in the National Council by members of

their Cabinets. Half of the Prussian votes, however, will be at the

disposal of the Prussian provincial administrations in accordance with a

State law.

The States have the right to send as many representatives to the National

Council as they have votes.

ARTICLE 64

The National Cabinet must summon the National Council on demand by

one-third of its members.

ARTICLE 65

The chairmanship of the National Council and of its committees is filled

by a member of the National Cabinet. The members of the National Cabinet

have the right and on request [of the National Council] the duty to take

part in the proceedings of the National Council and its committees. They

must at their request be heard at any time during its deliberations.

ARTICLE 66

The National Cabinet, as well as every member of the National Council, is

entitled to make proposals in the National Council.

The National Council regulates its order of business through rules of

procedure.

The plenary sittings of the National Council are public. In accordance

with the rules of procedure the public may be excluded during the

discussion of particular subjects.

Decisions are taken by a majority of those present.

ARTICLE 67

The National Council shall be kept informed by the National Departments

of the conduct of national business. At deliberations on important

subjects the appropriate committees of the National Council shall be

summoned by the National Departments.

_SECTION V_

NATIONAL LEGISLATION

ARTICLE 68

Bills are introduced by the National Cabinet or by members of the

National Assembly.

National laws are enacted by the National Assembly.

ARTICLE 69

The introduction of bills by the National Cabinet requires the

concurrence of the National Council. If an agreement between the National

Cabinet and the National Council is not reached, the National Cabinet

may nevertheless introduce the bill, but must state the dissent of the

National Council.

If the National Council resolves upon a bill to which the National

Cabinet does not assent, the latter must introduce the bill in the

National Assembly together with a statement of its attitude.

ARTICLE 70

The National President shall compile the laws which have been

constitutionally enacted and within one month publish them in the

National Bulletin of Laws.

ARTICLE 71

National laws go into effect, unless otherwise specified, on the

fourteenth day following the date of their publication in the National

Bulletin of Laws at the national capital.

ARTICLE 72

The promulgation of a national law may be deferred for two months, if

one-third of the National Assembly so demands. Laws which the National

Assembly and the National Council declare to be urgent may be promulgated

by the National President regardless of this demand.

ARTICLE 73

A law enacted by the National Assembly shall be referred to the People

before its promulgation, if the National President so orders within a

month.

A law whose promulgation is deferred at the demand of at least

one-third of the National Assembly shall be submitted to the People, if

one-twentieth of the qualified voters so petition.

A popular vote shall further be resorted to on a measure initiated by

the People if one-tenth of the qualified voters so petition. A fully

elaborated bill must accompany such petition. The National Cabinet

shall lay the bill together with a statement of its attitude before the

National Assembly. The popular vote does not take place if the desired

bill is enacted without amendment by the National Assembly.

A popular vote may be taken on the budget, tax laws, and laws relating to

the classification and payment of public officers only by authority of

the National President.

The procedure in connection with the popular referendum and initiative

will be regulated by national law.

ARTICLE 74

The National Council has the right to object to laws passed by the

National Assembly.

The objection must be filed with the National Cabinet within two weeks

after the final vote in the National Assembly and must be supported by

reasons within two more weeks at the latest.

In case of objection, the law is returned to the National Assembly for

reconsideration. If an agreement between the National Assembly and the

National Council is not reached, the National President may within three

months refer the subject of the dispute to the People. If the President

makes no use of this right, the law does not go into effect. If the

National Assembly disapproves by a two-thirds majority the objection of

the National Council, the President shall promulgate the law in the form

enacted by the National Assembly within three months or refer it to the

People.

ARTICLE 75

An act of the National Assembly may be annulled by a popular vote, only

if a majority of those qualified take part in the vote.

ARTICLE 76

The Constitution may be amended by process of legislation. But acts of

the National Assembly relating to the amendment of the Constitution are

effective only if two-thirds of the legal membership are present, and at

least two-thirds of those present give their assent. Acts of the National

Council relating to the amendment of the Constitution also require

a two-thirds majority of all the votes cast. If an amendment to the

Constitution is to be adopted by the People by popular initiative, the

assent of a majority of the qualified voters is required.

If the National Assembly adopts an amendment to the Constitution against

the objection of the National Council, the President may not promulgate

this law, if the National Council within two weeks demands a popular vote.

ARTICLE 77

The National Cabinet issues the general administrative regulations

necessary for the execution of the national laws so far as the laws

do not otherwise provide. It must secure the assent of the National

Council if the execution of the national laws is assigned to the State

authorities.

_SECTION VI_

THE NATIONAL ADMINISTRATION

ARTICLE 78

The conduct of relations with foreign countries is exclusively a function

of the Commonwealth.

The States, in matters subject to their jurisdiction, may conclude

treaties with foreign countries; such treaties require the assent of the

Commonwealth.

Agreements with foreign countries regarding changes of national

boundaries will be concluded by the Commonwealth with the consent of the

State concerned. Changes of boundaries may be made only by authority of a

national law, except in cases where a mere adjustment of the boundaries

of uninhabited districts is in question.

To assure the representation of interests arising from the special

economic relations of individual States to foreign countries or from

their proximity to foreign countries, the Commonwealth determines

the requisite arrangements and measures in agreement with the States

concerned.

ARTICLE 79

The national defence is a function of the Commonwealth. The organization

of the German People for defence will be uniformly regulated by a

national law with due consideration for the peculiarities of the people

of the separate States.

ARTICLE 80

Colonial policy is exclusively a function of the Commonwealth.

ARTICLE 81

All German merchant ships constitute a unified merchant marine.

ARTICLE 82

Germany forms a customs and trade area surrounded by a common customs

boundary.

The customs boundary is identical with the international boundary. At

the seacoast the shore of the mainland and of the islands belonging to

the national territory constitutes the customs boundary. Deviations may

be made for the course of the customs boundary at the ocean and at other

bodies of water.

Foreign territories or parts of territories may be incorporated in the

customs area by international treaties or agreements.

Portions of territory may be excluded from the customs area in accordance

with special requirements. In the case of free ports this exclusion may

be discontinued only by an amendment to the Constitution.

Districts excluded from the customs area may be included within a foreign

customs area by international treaties or agreements.

All products of nature or industry, as well as works of art, which are

subjects of free commerce within the Commonwealth, may be transported

in any direction across State and municipal boundaries. Exceptions are

permissible by authority of national law.

ARTICLE 83

Customs duties and taxes on articles of consumption are administered by

the national authorities.

In connection with national tax administration by the national

authorities, arrangements shall be provided which will enable the States

to protect their special agricultural, commercial, trade and industrial

interests.

ARTICLE 84

The Commonwealth has authority to regulate by law:

1. The organization of the State tax administrations so far as is

required for the uniform and impartial execution of the national tax laws;

2. The organization and functions of the authorities charged with the

supervision of the execution of the national tax laws;

3. The accounting with the States;

4. The reimbursement of the costs of administration in connection with

the execution of the national tax laws.

ARTICLE 85

All revenues and expenditures of the Commonwealth must be estimated for

each fiscal year and entered in the budget.

The budget is adopted by law before the beginning of the fiscal year.

Appropriations are ordinarily granted for one year; in special cases

they may be granted for a longer period. Otherwise, provisions extending

beyond the fiscal year or not relating to the national revenues and

expenditures or their administration, are inadmissible in the national

budget law.

The National Assembly may not increase appropriations in the budget bill

or insert new items without the consent of the National Council.

The consent of the National Council may be dispensed with in accordance

with the provisions of Article 74.

ARTICLE 86

In the following fiscal year the National Minister of Finance will

submit to the National Council and to the National Assembly an account

concerning the disposition of all national revenue so as to discharge the

responsibility of the National Cabinet. The auditing of this account will

be regulated by national law.

ARTICLE 87

Funds may be procured by borrowing only in case of extraordinary need

and in general for expenditures for productive purposes only. Such

procurement of funds as well as the assumption by the Commonwealth of any

financial obligation is permissible only by authority of a national law.

ARTICLE 88

The postal and telegraph services, together with the telephone service,

are exclusively functions of the Commonwealth.

The postage stamps are uniform for the whole Commonwealth.

The National Cabinet, with the consent of the National Council, issues

the regulations prescribing the conditions and charges for the use of the

means of communication. With the consent of the National Council it may

delegate this authority to the Postmaster General.

The National Cabinet, with the consent of the National Council,

establishes an advisory council to co-operate in deliberations concerning

the postal, telegraph and telephone services and rates.

The Commonwealth alone concludes treaties relating to communication with

foreign countries.

ARTICLE 89

It is the duty of the Commonwealth to acquire ownership of the railroads

which serve as means of general public communication, and to operate them

as a single system of transportation.

The rights of the States to acquire private railroads shall be

transferred to the Commonwealth on its demand.

ARTICLE 90

With the taking over of the railroads the Commonwealth also acquires the

right of expropriation and the sovereign powers of the States pertaining

to railroad affairs. The Supreme Judicial Court decides controversies

relating to the extent of these rights.

ARTICLE 91

The National Cabinet, with the consent of the National Council, issues

the regulations governing the construction, operation and traffic of

railroads. With the consent of the National Council it may delegate this

authority to the appropriate national minister.

ARTICLE 92

The national railroads, irrespective of the incorporation of their budget

and accounts in the general budget and accounts of the Commonwealth,

shall be administered as an independent economic enterprise which shall

defray its own expenses, including interest and the amortization of the

railroad debt, and accumulate a railroad reserve fund. The amount of the

amortization and of the reserve fund, as well as the purpose to which the

reserve fund may be applied, shall be regulated by special law.

ARTICLE 93

The National Cabinet with the consent of the National Council establishes

advisory councils for the national railroads to co-operate in

deliberations concerning railroad service and rates.

ARTICLE 94

If the Commonwealth takes over the operation of railroads which serve

as means of general public communication in any district, additional

railroads to serve as means of general public communication within this

district may only be built by the Commonwealth or with its consent. If

new construction or the alteration of existing national railroad systems

encroaches upon the sphere of authority of the State police, the national

railroad administration, before its decision, shall grant a hearing to

the State authorities.

Where the Commonwealth has not yet taken over the operation of the

railroads, it may lay out on its own account by virtue of national

law railroads deemed necessary to serve as means of general public

communication or for the national defence, even against the opposition

of the States, whose territory they will traverse, without, however,

impairing the sovereign powers of the States, or it may turn over the

construction to another to execute, together with a grant of the right of

expropriation if necessary.

Each railroad administration must consent to connection with other roads

at the expense of the latter.

ARTICLE 95

Railroads serving as means of general public communication which are

not operated by the Commonwealth are subject to supervision by the

Commonwealth.

The railroads subject to national supervision shall be laid out and

equipped in accordance with uniform standards established by the

Commonwealth. They shall be maintained in safe operating condition and

developed according to the requirements of traffic. Facilities and

equipment for passenger and freight traffic shall be maintained and

developed in keeping with the demand.

The supervision of rates is designed to secure non-discriminatory and

moderate railroad charges.

ARTICLE 96

All railroads, including those not serving as means of general public

communication, must comply with the requirements of the Commonwealth so

far as concerns the use of the roads for purposes of national defence.

ARTICLE 97

It is the duty of the Commonwealth to acquire ownership of and to operate

all waterways serving as means of general public communication.

After they have been taken over, waterways serving as means of general

public communication may be constructed or extended only by the

Commonwealth or with its consent.

In the administration, development, or construction of such waterways

the requirements of agriculture and water-supply shall be protected in

agreement with the States. Their improvement shall also be considered.

Each waterways administration shall consent to connection with other

inland waterways at the expense of the latter. The same obligation

exists for the construction of a connection between inland waterways and

railroads.

In taking over the waterways the Commonwealth acquires the right of

expropriation, control of rates, and the police power over waterways and

navigation.

The duties of the river improvement associations in relation to the

development of natural waterways in the Rhine, Weser, and Elbe basins

shall be assumed by the Commonwealth.

ARTICLE 98

Advisory national waterways councils will be formed in accordance with

detailed regulations issued by the National Cabinet with the consent of

the National Council to co-operate in the management of the waterways.

ARTICLE 99

Charges may be imposed on natural waterways only for such works,

facilities, and other accommodations as are designed for the relief

of traffic. In the case of state and municipal public works they may

not exceed the necessary costs of construction and maintenance. The

construction and maintenance costs of works designed not exclusively

for the relief of traffic, but also for serving other purposes, may be

defrayed only to a proportionate extent by navigation tolls. Interest and

amortization charges on the invested capital are included in the costs of

construction.

The provisions of the preceding paragraph apply to the charges imposed

for artificial waterways and for accommodations in connection therewith

and in harbours.

The total costs of a waterway, a river basin, or a system of waterways

may be taken into consideration in determining navigation tolls in the

field of inland water transportation.

These provisions apply also to the floating of timber on navigable

waterways.

Only the Commonwealth imposes on foreign ships and their cargoes other or

higher charges than on German ships and their cargoes.

For the procurement of means for the maintenance and development of

the German system of waterways the Commonwealth may by law call on the

shipping interests for contributions also in other ways [than by tolls].

ARTICLE 100

To cover the cost of maintenance and construction of inland navigation

routes any person or body of persons who in other ways than through

navigation derives profit from the construction of dams may also be

called upon by national law for contributions, if several States are

involved or the Commonwealth bears the costs of construction.

ARTICLE 101

It is the duty of the Commonwealth to acquire ownership of and to operate

all aids to navigation, especially lighthouses, lightships, buoys,

floats and beacons. After they are taken over, aids to navigation may be

installed or extended only by the Commonwealth or with its consent.

_SECTION VII_

THE ADMINISTRATION OF JUSTICE

ARTICLE 102

Judges are independent and subject only to the law.

ARTICLE 103

Ordinary jurisdiction will be exercised by the National Judicial Court

and the courts of the States.

ARTICLE 104

Judges of ordinary jurisdiction are appointed for life. They may against

their wishes be permanently or temporarily removed from office, or

transferred to another position, or retired, only by virtue of a judicial

decision and for the reasons and in the forms provided by law. The law

may fix an age limit on reaching which judges may be retired.

Temporary suspension from office in accordance with law is not affected

by this Article.

If there is a reorganization of the courts or of the judicial districts,

the State department of justice may order involuntary transfers to

another court or removal from office, but only with allowance of full

salary.

These provisions do not apply to judges of commercial tribunals, lay

associates, and jurymen.

ARTICLE 105

Extraordinary courts are illegal. No one may be removed from the

jurisdiction of his lawful judge. Provisions of law relating to military

courts and courts-martial are not affected hereby. Military courts of

honour are abolished.

ARTICLE 106

Military jurisdiction is abolished except in time of war and on board

war-vessels. Details will be regulated by national law.

ARTICLE 107

There shall be administrative courts both in the Commonwealth and in the

States, in accordance with the laws, to protect the individual against

orders and decrees of administrative authorities.

ARTICLE 108

In accordance with a national law a Supreme Judicial Court will be

established for the German Commonwealth.

PART TWO

Fundamental Rights and Duties of Germans

_SECTION I_

THE INDIVIDUAL

ARTICLE 109

All Germans are equal before the law.

Men and women have fundamentally the same civil rights and duties.

Privileges or discriminations due to birth or rank and recognized by law

are abolished. Titles of nobility will be regarded merely as part of the

name and may not be granted hereafter.

Titles may be conferred only when they designate an office or profession;

academic degrees are not affected by this provision.

Orders and honorary insignia may not be conferred by the state.

No German may accept a title or order from a foreign Government.

ARTICLE 110

Citizenship in the Commonwealth and in the States will be acquired and

lost in accordance with the provisions of a national law. Every citizen

of a State is at the same time a citizen of the Commonwealth.

Every German has the same rights and duties in each State of the

Commonwealth as the citizens of that State.

ARTICLE 111

All Germans enjoy the right to travel and reside freely throughout the

whole Commonwealth. Every one has the right of sojourn and settlement

in any place within the Commonwealth, the right to acquire land and to

pursue any gainful occupation. No limitations may be imposed except by

authority of a national law.

ARTICLE 112

Every German has the right to emigrate to foreign countries. Emigration

may be limited only by national law.

All German citizens, both within and without the territory of the

Commonwealth, have a right to its protection with respect to foreign

countries.

No German may be surrendered to a foreign Government for prosecution or

punishment.

ARTICLE 113

Those elements of the People which speak a foreign language may not be

interfered with by legislative or administrative action in their free

and characteristic development, especially in the use of their mother

tongue in the schools or in matters of internal administration and the

administration of justice.

ARTICLE 114

Personal liberty is inviolable. An interference with or abridgement of

personal liberty through official action is permissible only by authority

of law.

Persons, who are deprived of their liberty, shall be informed at latest

on the following day by what authority and on what grounds they have been

deprived of liberty, and they shall without delay receive an opportunity

to present objections against such loss of liberty.

ARTICLE 115

The house of every German is his sanctuary and is inviolable. Exceptions

are permissible only by authority of law.

ARTICLE 116

An act can be punishable only if the penalty was fixed by law before the

act was committed.

ARTICLE 117

The secrecy of postal, telegraphic, and telephonic communications is

inviolable. Exceptions may be permitted only by national law.

ARTICLE 118

Every German has a right within the limits of the general laws to express

his opinion freely by word, in writing, in print, by picture, or in any

other way. No relationship arising out of his employment may hinder him

in the exercise of this right, and no one may discriminate against him if

he makes use of this right.

There is no censorship, although exceptional provisions may be made by

law in the case of moving pictures. Legal measures are also permissible

for combating obscene and indecent literature as well as for the

protection of youth at public plays and spectacles.

_SECTION II_

COMMUNITY LIFE

ARTICLE 119

Marriage, as the foundation of family life and of the maintenance

and increase of the nation, is under the special protection of the

Constitution. It is based on the equal rights of both sexes.

The maintenance of the purity, the health, and the social advancement of

the family is the task of the state and of the municipalities. Families

with numerous children have a claim to equalizing assistance.

Motherhood has a claim to the protection and care of the State.

ARTICLE 120

The physical, mental, and moral education of their offspring is the

highest duty and the natural right of parents, whose activities are

supervised by the political community.

ARTICLE 121

Illegitimate children shall be provided by law with the same

opportunities for their physical, mental, and moral development as

legitimate children.

ARTICLE 122

Youth shall be protected against exploitation as well as against neglect

of their moral, mental, or physical welfare. The necessary arrangements

shall be made by state and municipality.

Compulsory protective measures may be ordered only by authority of the

law.

ARTICLE 123

All Germans have the right of meeting peaceably and unarmed without

notice or special permission.

Previous notice may be required by national law for meetings in the open,

and such meetings may be forbidden in case of immediate danger to the

public safety.

ARTICLE 124

All Germans have the right to form associations or societies for purposes

not contrary to the criminal law. This right can not be limited by

preventive measures. The same provisions apply to religious associations

and societies.

Every association has the right of incorporation in accordance with the

civil law. No association may be denied this right on the ground that it

pursues a political, social-political, or religious object.

ARTICLE 125

The liberty and secrecy of the suffrage are guaranteed. Details will be

regulated by the election laws.

ARTICLE 126

Every German has the right to petition or to complain in writing to the

appropriate authorities or to the representatives of the People. This

right may be exercised by individuals as well as by several persons

together.

ARTICLE 127

Municipalities and unions of municipalities have the right of

self-government within the limits of the laws.

ARTICLE 128

All citizens without distinction are eligible for public office in

accordance with the laws and according to their ability and services.

All discriminations against women in the civil service are abolished.

The principles of the official relation shall be regulated by national

law.

ARTICLE 129

Civil officers are appointed for life, in so far as is not otherwise

provided by law. Pensions and provisions for surviving dependents will

be regulated by law. The duly acquired rights of the civil officers are

inviolable. Claims of civil officers based upon property rights may be

established by process of law.

Civil officers may be suspended, temporarily or permanently retired, or

transferred to other positions at a smaller salary only under the legally

prescribed conditions and forms.

A process of appeal against disciplinary sentence and opportunity for

reconsideration shall be established. Reports of an unfavorable character

concerning a civil officer shall not be entered in his official record,

until he has had the opportunity to express himself. Civil officers shall

also be permitted to inspect their official records.

The inviolability of the duly acquired rights and the benefit of legal

processes for the establishment of claims based on property rights are

also assured especially to regular soldiers. In other respects their

position is regulated by national law.

ARTICLE 130

The civil officers are servants of the whole community, not of a part of

it.

To all civil officers freedom of political opinion and of association are

assured.

The civil officers receive special representation in their official

capacity in accordance with more precise provisions of national law.

ARTICLE 131

If a civil officer in the exercise of the authority conferred upon him

by law fails to perform his official duty toward any third person, the

responsibility is assumed by the state or public corporation in whose

service the officer is. The right of redress [by the state or public

corporation] against the officer is reserved. The ordinary process of law

may not be excluded.

Detailed regulations will be made by the appropriate law-making authority.

ARTICLE 132

Every German, in accordance with the laws, has the duty of accepting

honorary offices.

ARTICLE 133

All citizens are obliged, in accordance with the laws, to render personal

services to the state and the municipality.

The duty of military service will be defined in accordance with the

provisions of the national defence law. This will determine also how far

particular fundamental rights shall be restricted in their application to

the members of the armed forces in order that the latter may fulfil their

duties and discipline may be maintained.

ARTICLE 134

All citizens, without distinction, contribute according to their means to

the support of all public burdens, as may be provided by law.

_SECTION III_

RELIGION AND RELIGIOUS SOCIETIES

ARTICLE 135

All inhabitants of the Commonwealth enjoy complete liberty of belief and

conscience. The free exercise of religion is assured by the Constitution

and is under public protection. This Article leaves the general laws

undisturbed.

ARTICLE 136

Civil and political rights and duties are neither conditioned upon nor

limited by the exercise of religious liberty.

The enjoyment of civil and political rights as well as eligibility to

public office is independent of religious belief.

No one is under any obligation to reveal his religious convictions.

The authorities have a right to inquire about religious affiliation only

so far as rights and duties are dependent thereon or in pursuance of a

statistical enumeration prescribed by law.

No one may be forced to attend any church ceremony or festivity, to take

part in any religious exercise, or to make use of any religious oath.

ARTICLE 137

There is no state church.

Freedom of association in religious societies is guaranteed. The

combination of religious societies within the Commonwealth is not subject

to any limitations.

Every religious society regulates and administers its affairs

independently within the limits of the general law. It appoints its

officers without interference by the state or the civil municipality.

Religious societies may be incorporated in accordance with the general

provisions of the civil law.

Existing religious societies remain, to the same extent as heretofore,

public bodies corporate. The same rights shall be accorded to other

religious societies if by their constitution and the number of their

members they offer a guaranty of permanence. If a number of such public

religious societies unite, this union is also a public body corporate.

The religious societies, which are recognized by law as bodies corporate,

are entitled on the basis of the civil tax rolls to raise taxes according

to the provisions of the laws of the respective States.

The associations, which have as their aim the cultivation of a system of

ethics, have the same privileges as the religious societies.

The issuance of further regulations necessary for carrying out these

provisions comes under the jurisdiction of the States.

ARTICLE 138

State contributions to religious societies authorized by law, contract,

or any special grant, will be commuted by State legislation. The general

principles of such legislation will be defined by the Commonwealth.

The property of religious societies and unions and other rights to their

cultural, educational, and charitable institutions, foundations, and

other possessions are guaranteed.

ARTICLE 139

Sundays and legal holidays remain under the protection of law as days of

rest and spiritual edification.

ARTICLE 140

The members of the armed forces shall be granted the necessary leave for

the performance of their religious duties.

ARTICLE 141

In so far as there is need for religious services and spiritual care in

hospitals, prisons or other public institutions, the religious societies

shall be permitted to perform the religious offices, but all compulsion

shall be avoided.

_SECTION IV_

EDUCATION AND SCHOOLS

ARTICLE 142

Art, science and the teaching thereof are free. The state guarantees

their protection and takes part in fostering them.

ARTICLE 143

The education of the young shall be provided for through public

institutions. In their establishment the Commonwealth, States and

municipalities co-operate.

The training of teachers shall be regulated in a uniform manner for the

Commonwealth according to the generally recognized principles of higher

education.

The teachers in the public schools have the rights and duties of state

officers.

ARTICLE 144

The entire school system is under the supervision of the state; it may

grant a share therein to the municipalities. The supervision of schools

will be exercised by technically trained officers who must devote their

time principally to this duty.

ARTICLE 145

Attendance at school is obligatory. This obligation is discharged by

attendance at the elementary schools for at least eight school years

and at the continuation schools until the completion of the eighteenth

year. Instruction and school supplies in the elementary and continuation

schools are free.

ARTICLE 146

The public school system shall be systematically organized. Upon a

foundation of common elementary schools the system of secondary and

higher education is erected. The development of secondary and higher

education shall be determined in accordance with the needs of all kinds

of occupations, and the acceptance of a child in a particular school

shall depend upon his qualifications and inclinations, not upon the

economic and social position or the religion of his parents.

Nevertheless, within the municipalities, upon the petition of those

entitled to instruction common schools shall be established of their

faith or ethical system, in so far as this does not interfere with a

system of school administration within the meaning of Paragraph 1. The

wishes of those entitled to instruction shall be considered as much as

possible. Details will be regulated by State laws in accordance with

principles to be prescribed by a national law.

To facilitate the attendance of those in poor circumstances at the

secondary and higher schools, public assistance shall be provided by the

Commonwealth, States, and municipalities, particularly, assistance to the

parents of children regarded as qualified for training in the secondary

and higher schools, until the completion of the training.

ARTICLE 147

Private schools, as a substitute for the public schools, require the

approval of the state and are subject to the laws of the States.

Approval shall be granted if the private schools do not fall below the

public schools in their educational aims and equipment as well as in

the scientific training of their teachers, and if no separation of the

pupils according to the wealth of their parents is fostered. Approval

shall be withheld if the economic and legal status of the teachers is not

sufficiently assured.

Private elementary schools shall be only permissible, if for a minority

of those entitled to instruction whose wishes are to be considered

according to Article 146, Paragraph 2, there is no public elementary

school of their faith or ethical system in the municipality, or if the

educational administration recognizes a special pedagogical interest.

Private preparatory schools shall be abolished.

The existing law remains in effect with respect to private schools which

do not serve as substitutes for public schools.

ARTICLE 148

All schools shall inculcate moral education, civic sentiment, and

personal and vocational efficiency in the spirit of German national

culture and of international conciliation.

In the instruction in public schools care shall be taken not to hurt the

feelings of those of differing opinion.

Civics and manual training are included in the school curriculum. Every

pupil receives a copy of the Constitution on completing the obligatory

course of study.

The common school system, including university extension work, shall be

cherished by the Commonwealth, States and municipalities.

ARTICLE 149

Religious instruction is included in the regular school curriculum,

except in the nonsectarian (secular) schools. The imparting of religious

instruction is regulated by the school laws. Religious instruction is

imparted in accordance with the principle of the religious society

concerned, without prejudice to the right of supervision of the state.

The imparting of religious instruction and the use of ecclesiastical

ceremonies is optional with the teachers, and the participation of

the pupils in religious studies and in ecclesiastical ceremonies and

festivities is left to the decision of those who have the right to

control the religious education of the child.

The theological faculties in the universities will be continued.

ARTICLE 150

The artistic, historical and natural monuments and scenery enjoy the

protection and care of the state.

The prevention of the removal of German art treasures from the country is

a function of the Commonwealth.

_SECTION V_

ECONOMIC LIFE

ARTICLE 151

The regulation of economic life must conform to the principles of

justice, with the object of assuring humane conditions of life for all.

Within these limits the economic liberty of the individual shall be

protected.

Legal compulsion is permissible only for safeguarding threatened rights

or in the service of predominant requirements of the common welfare.

The freedom of trade and industry is guaranteed in accordance with the

national laws.

ARTICLE 152

Freedom of contract prevails in economic relations in accordance with the

laws.

Usury is forbidden. Legal practices which conflict with good morals are

void.

ARTICLE 153

The right of private property is guaranteed by the Constitution. Its

nature and limits are defined by law.

Expropriation may be proceeded with only for the benefit of the community

and by due process of law. There shall be just compensation in so far

as is not otherwise provided by national law. If there is a dispute

over the amount of the compensation, there shall be a right of appeal

to the ordinary courts, in so far as not otherwise provided by national

law. The property of the States, municipalities, and associations of

public utility may be taken by the Commonwealth only upon payment of

compensation.

Property-rights imply property-duties. Exercise thereof shall at the same

time serve the general welfare.

ARTICLE 154

The right of inheritance is guaranteed in accordance with the civil law.

The share of the state in inheritances is determined in accordance with

the laws.

ARTICLE 155

The distribution and use of the land is supervised by the state in such

a way as to prevent its misuse and to promote the object of insuring to

every German a healthful dwelling and to all German families, especially

those with numerous children, homesteads corresponding to their needs.

War-veterans shall receive special consideration in the enactment of a

homestead law.

Landed property, the acquisition of which is necessary to satisfy the

demand for housing, to promote settlement and reclamation, or to improve

agriculture, may be expropriated. Entailments shall be dissolved.

The cultivation and utilization of the soil is a duty of the landowner

toward the community. An increase of the value of land arising without

the application of labour or capital to the property shall inure to the

benefit of the community as a whole.

All mineral resources and all economically useful forces of nature

are subject to the control of the state. Private royalties shall be

transferred to the state, as may be provided by law.

ARTICLE 156

The Commonwealth may by law, without impairment of the right to

compensation, and with a proper application of the regulations relating

to expropriation, transfer to public ownership private business

enterprises adapted for socialization. The Commonwealth itself, the

States, or the municipalities may take part in the management of business

enterprises and associations, or secure a dominating influence therein in

any other way.

Furthermore, in case of urgent necessity the Commonwealth, if it is in

the interest of collectivism, may combine by law business enterprises

and associations on the basis of administrative autonomy, in order to

insure the co-operation of all producing elements of the people, to give

to employers and employés a share in the management, and to regulate

the production, preparation, distribution, utilization and pecuniary

valuation, as well as the import and export, of economic goods upon

collectivistic principles.

The co-operative societies of producers and of consumers and associations

thereof shall be incorporated, at their request and after consideration

of their form of organization and peculiarities, into the system of

collectivism.

ARTICLE 157

Labour is under the special protection of the Commonwealth.

The Commonwealth will adopt a uniform labour law.

ARTICLE 158

Intellectual labour, the rights of the author, the inventor and the

artist enjoy the protection and care of the Commonwealth.

The products of German scholarship, art, and technical science shall also

be recognized and protected abroad through international agreement.

ARTICLE 159

The right of combination for the protection and promotion of labour and

economic conditions is guaranteed to everybody and to all professions.

All agreements and measures which attempt to limit or restrain this

liberty are unlawful.

ARTICLE 160

Any one employed on a salary or as a wage-earner has the right to the

leave necessary for the exercise of his civil rights and, so far as the

business is not substantially injured thereby, for performing the duties

of public honorary offices conferred upon him. To what extent his right

to compensation shall continue will be determined by law.

ARTICLE 161

For the purpose of conserving health and the ability to work, of

protecting motherhood, and of guarding against the economic effects of

age, invalidity and the vicissitudes of life, the Commonwealth will adopt

a comprehensive system of insurance, in the management of which the

insured shall predominate.

ARTICLE 162

The Commonwealth commits itself to an international regulation of the

legal status of the workers, which shall strive for a standard minimum of

social rights for the whole working class of the world.

ARTICLE 163

Every German has, without prejudice to his personal liberty, the moral

duty so to use his intellectual and physical powers as is demanded by the

welfare of the community.

Every German shall have the opportunity to earn his living by economic

labour. So long as suitable employment can not be procured for him, his

maintenance will be provided for. Details will be regulated by special

national laws.

ARTICLE 164

The independent agricultural, industrial, and commercial middle class

shall be fostered by legislation and administration, and shall be

protected against oppression and exploitation.

ARTICLE 165

Wage-earners and salaried employés are qualified to co-operate on

equal terms with the employers in the regulation of wages and working

conditions, as well as in the entire economic development of the

productive forces. The organizations on both sides and the agreements

between them will be recognized.

The wage-earners and salaried employés are entitled to be represented

in local workers’ councils, organized for each establishment in the

locality, as well as in district workers’ councils, organized for each

economic area, and in a National Workers’ Council, for the purpose of

looking after their social and economic interests.

The district workers’ councils and the National Workers’ Council meet

together with the representatives of the employers and with other

interested classes of people in district economic councils and in a

National Economic Council for the purpose of performing joint economic

tasks and co-operating in the execution of the laws of socialization.

The district economic councils and the National Economic Council shall

be so constituted that all substantial vocational groups are represented

therein according to their economic and social importance.

Drafts of laws of fundamental importance relating to social and economic

policy before introduction [into the National Assembly] shall be

submitted by the National Cabinet to the National Economic Council for

consideration. The National Economic Council has the right itself to

propose such measures for enactment into law. If the National Cabinet

does not approve them, it shall, nevertheless, introduce them into the

National Assembly together with a statement of its own position. The

National Economic Council may have its bill presented by one of its own

members before the National Assembly.

Supervisory and administrative functions may be delegated to the workers’

councils and to the economic councils within their respective areas.

The regulation of the organization and duties of the workers’ councils

and of the economic councils, as well as their relation to other social

bodies endowed with administrative autonomy, is exclusively a function of

the Commonwealth.

_SECTION VI_

TRANSITIONAL AND FINAL PROVISIONS

ARTICLE 166

Until the establishment of the National Administrative Court, the

National Judicial Court takes its place in the organization of the

Electoral Commission.

ARTICLE 167

The provisions of Article 18, Paragraphs 3 to 6, become effective two

years after the promulgation of the national Constitution.

ARTICLE 168

Until the adoption of the State law as provided in Article 63, but at the

most for only one year, all the Prussian votes in the National Council

may be cast by members of the State Cabinet.

ARTICLE 169

The National Cabinet will determine when the provisions of Article 83,

Paragraph 1, shall become effective.

Temporarily, for a reasonable period, the collection and administration

of customs-duties and taxes on articles of consumption may be left to the

States at their discretion.

ARTICLE 170

The Postal and Telegraphic Administrations of Bavaria and Wurtemberg will

be taken over by the Commonwealth not later than April 1, 1921.

If no understanding has been reached over the terms thereof by October 1,

1920, the matter will be decided by the Supreme Judicial Court.

The rights and duties of Bavaria and Wurtemberg remain in force as

heretofore until possession is transferred to the Commonwealth.

Nevertheless, the postal and telegraphic relations with neighbouring

foreign countries will be regulated exclusively by the Commonwealth.

ARTICLE 171

The state railroads, canals and aids to navigation will be taken over by

the Commonwealth not later than April 1, 1921.

If no understanding has been reached over the terms thereof by October 1,

1920, the matter will be decided by the Supreme Judicial Court.

ARTICLE 172

Until the national law regarding the Supreme Judicial Court becomes

effective its powers will be exercised by a Senate of seven members,

four of whom are to be elected by the National Assembly and three by the

National Judicial Court, each choosing among its own members. The Senate

will regulate its own procedure.

ARTICLE 173

Until the adoption of a national law according to Article 138, the

existing state contributions to the religious societies, whether

authorized by law, contract or special grant, will be continued.

ARTICLE 174

Until the adoption of the national law provided for in Article 146,

Paragraph 2, the existing legal situation will continue. The law shall

give special consideration to parts of the Commonwealth where provision

for separate schools of different religious faiths is not now made by law.

ARTICLE 175

The provisions of Article 109 do not apply to orders and decorations

conferred for services in the war-years 1914-1919.

ARTICLE 176

All public officers and members of the armed forces shall be sworn upon

this Constitution. Details will be regulated by order of the National

President.

ARTICLE 177

Wherever by existing laws it is provided that the oath be taken in the

form of a religious ceremony, the oath may be lawfully taken in the form

of a simple affirmation by the person to be sworn: “I swear.” Otherwise

the content of the oath provided for in the laws remains unaltered.

ARTICLE 178

The Constitution of the German Empire of April 16, 1871, and the law

of February 10, 1919, relating to the provisional government of the

Commonwealth, are repealed.

The other laws and regulations of the Empire remain in force, in so far

as they do not conflict with this Constitution. The provisions of the

Treaty of Peace signed on June 28, 1919, at Versailles, are not affected

by the Constitution.

Official regulations, legally issued on the authority of laws heretofore

in effect, retain their validity until superseded by other regulations or

legislation.

ARTICLE 179

In so far as reference is made in laws or executive orders to provisions

and institutions which are abolished by this Constitution, their places

are taken by the corresponding provisions and institutions of this

Constitution. In particular, the National Assembly takes the place of

the National Convention, the National Council that of the Committee of

the States, and the National President elected by authority of this

Constitution that of the National President elected by authority of the

law relating to the provisional government.

The power to issue executive orders, conferring upon the Committee of

the States in accordance with the provisions heretofore in effect, is

transferred to the National Cabinet; in order to issue executive orders

it requires the consent of the National Council in accordance with the

provisions of this Constitution.

ARTICLE 180

Until the convening of the first National Assembly, the National

Convention will function as the National Assembly. Until the inauguration

of the first National President the office will be filled by the National

President elected by authority of the law relating to the provisional

government.

ARTICLE 181

The German People have ordained and established this Constitution by

their National Convention. It goes into effect upon the day of its

promulgation.

SCHWARZBURG, August 11, 1919

(_Signed_)

The National President

EBERT

The National Cabinet

BAUER

ERZBERGER

HERMANN MÜLLER

DR. DAVID

NOSKE

SCHMIDT

SCHLICKE

GIESBERTS

DR. MAYER

DR. BELL

FOOTNOTES

[1] Prussia, Bavaria, Saxony, Wurtemberg, Baden, Hesse,

Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg,

Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt,

Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss (elder

line), Reuss (younger line), Schaumburg-Lippe, Lippe, Lübeck, Bremen and

Hamburg.

[2] See Joseph-Barthelémy, _les Institutions politiques de l’Allemagne

contemporaine_, Paris, Alcan, 1915.

[3] See Laband, _Die geschichtliche Entwicklung der Reichsverfassung_ in

the _Jahrbuch des oeffentlichen Rechts_, 1907, p. 1, _et seq._

[4] Piloty, _Die Umformung der Reichsregierung und die Reichsverfassung,

Deutsche Juristen Zeitung_, 1918, p. 651, _et seq._; Stier-Somlo,

_Reichsverfassung_, p. 6.

Page 13, footnote 1. See the text of these claims in Gentizon, _la

Révolution allemande_. 1 vol. Payot, Paris, 1919, p. 222.

[5] It is interesting to note that with the exception of Barth all these

men were members of the Reichstag before the Revolution.

[6] See Jean de Granvilliers, _Essai sur le libéralisme allemand_, Paris,

1914.

[7] See page 73, _et seq._, of this book.

[8] German jurists get much pleasure in pointing out the following

constitutional curiosity: the condition necessary for a law enacted by

a parliament to become operative is that this law shall be promulgated,

that is to say, authenticated and published. But these operations suppose

a government. Now, the law of February 10, created the government;

but this law could not be promulgated by a government which this very

promulgation would create. It was decided, therefore, that the law should

become operative immediately and be authenticated by the President of the

National Assembly.

[9] These concepts of “unitarism” and “federalism” must be compared with

“centralism” and “particularism,” which correspond to them, but which,

nevertheless, also differ from them. When one speaks of “particularism”

one means, beyond the legal and political differences which may exist

between the member states of a federated state, the peculiarities

of race, special traits of culture, geographic and ethnographic

characteristics which give to populations their own stamp and a

distinct collective sentiment. Political “particularism” and federalist

tendencies may co-exist naturally; but “particularism” is not necessarily

anti-centralistic: a “particularism” inspired by the love of a little

fatherland and its individuality gives to the population a certain

national consciousness which is not necessarily antagonistic to the

establishment of a strong central power. On the other hand “unitarism,”

if it preserves for the state the character of a federated state and does

not tend to a complete fusion of the member states, may well recognize

that races and provinces wish for individual existence and may be ready

to accord them corresponding liberty.

[10] See Preuss, _Deutschlands republikanische Reichsverfassung_, p. 8.

[11] See Jacobi, _Einheitsstaat oder Bundesstaat_, Leipzig, 1919.

[12] Since the Revolution, Coburg has detached itself from

Saxe-Coburg-Gotha and become a distinct state without the decision of any

authority whatsoever sanctioning this situation.

[13] There was in this a true provisionally federated state within a

federal German state. For several months there was thus, in central

Germany, a triple superposition of states.

[14] It must be recognized nevertheless that with the exception of the

Hanseatic cities the monarchical form was implied. For Prussia it was

obligatory.

[15] See Giese, _Die Reichsverfassung, vom II, August, 1919_, p. 65;

Jacobi, _Einheitsstaat oder Bundesstaat_, p. 6, _et seq._; Poetsch,

_Handausgabe der Reichsverfassung_, p. 25, _et seq._; Wenzel, _Festgabe

für Bergbohn_, 1919, p. 159, _et seq._

[16] See Stier-Somlo, _op. cit._, p. 79, _et seq._; Walter Jellinek,

Revolution und Reichsverfassung, in Jahrbuch des öffentlichen Rechts, p.

81; Arndt, Reichsverfassung, 1919, p. 35.

[17] In reality the states still exchange ambassadors and, in the

official German language, the agreements reached either between two

states or several carry the name of Staatsverträge (international

treaties). See particularly the international treaty adopted between

the Reich on the one hand, and Prussia, Bavaria, Saxony, Wurtemberg,

Baden, Hesse, Mecklenburg-Schwerin and Oldenburg on the other, concerning

the transfer to the Reich of the railroads of these states, the treaty

approved by the National Assembly, April 30, 1920.

[18] See Heilfron, _Die deutsche Nationalversammlung im Jahre 1919_, vol.

ii, p. 1176.

[19] See Julius Kaliski, _Der Kern des Rätegedanken_, in _Welt-Echo_,

June, 1919.

[20] This is the exact text: “1. For the immediate formation of the

cabinets in the Empire and in Prussia, the questions of individual

appointments will be decided by the political parties in agreement with

the organizations of workers, salaried employés and civil servants

taking part in the general strike, and a decisive influence will be

accorded to these organizations in the new policies of economic and

social legislation, all with the view of safeguarding the rights

of popular representation. 2. Immediate disarmament and punishment

of all those guilty of participating in the _pronunciamento_ or

the overthrow of the constitutional government, as well as of all

civil servants who placed themselves at the disposal of the illegal

governments. 3. All public and industrial administrations must be

radically purged of counter-revolutionary personalities, in particular

of those who participate in the management, and these personalities

must be replaced by trusted elements. Re-employment of all the

representatives of organizations in public services who were made the

victims of disciplinary measures. 4. The earliest possible realization

of administrative reform on a democratic basis, with the co-operation

of the economic organizations of wage-workers, salaried employés and

civil servants. 5. The immediate execution of all existing laws and the

enactment of new social laws that will accord to wage-workers, salaried

employés and civil servants complete social and economic equality;

and the immediate enactment of liberal legislation in behalf of civil

servants. 6. The immediate socialization of the branches of industry

ripe for socialization on the basis of the decisions of the Committee on

Socialization, in which representatives of vocational organizations shall

take part. The immediate convocation of the Committee on Socialization.

The transfer to the Empire of the coal and potash corporations. 7. More

effective appropriation and, if need be, the expropriation of available

necessities of life; more vigorous war against usurers and profiteers in

the country districts and in the cities; guarantees that obligations of

deliveries will be executed, insured by the organization of societies

for delivery of goods, and the establishment of definite fines and

punishments for all violations of these obligations due to ill-will. 8.

The dissolution of all counter-revolutionary military organizations that

did not remain faithful to the Constitution, and their replacement with

organizations recruited from the masses of tried republican population,

in particular workers, salaried employés and organized civil servants,

without favour to any class whatever. In this reorganization the rights

of all troops and organizations that have remained faithful shall remain

intact.”

[21] Retreat of the Berlin troops to the line of the Spree; the lifting

of the state of siege; no attack on armed workers, particularly in the

Ruhr; negotiations with labour organizations with the view of recruiting

of workers in the troops of Prussian safety police.

[22] The principal of the new “Nine Points” are: 1. The troops of

_Reichswehr_ remain in their position and must not advance on the

industrial area except with the express authorization of the Cabinet.

2. The red army dissolves and gives up its arms. 3. Adequate police is

assured by the constitutional authorities, supported by “committees

on public order” and of “local armies” composed of workers, salaried

employés and civil servants of all parties. 4. The “committees of action”

and the “executive committees” are dissolved.

[23] _Deutsche Allgemeine Zeitung_, March 28, 1920.

[24] _Lokal Anzeiger_, April 8, evening.

[25] Lensch, _Erwünschte Nachwirkungen_, in _Der Tag_, No. 83.

[26] Preuss, _Deutschlands republikanische Reichsverfassung_.

[27] Session of July 2. (Heilfron, _op. cit._, vol. V, pp. 2960-2961.)

[28] There are differences of detail between these two modes, but of no

importance.

[29] The origin of this provision goes back to the “certificate” that

was given in the elections for the National Assembly to soldiers and

sailors returning from the front and to troops assigned to service for

the preservation of order in polling places.

[30] Session of July 7, 1919. (Heilfron, _op cit._, vol. V, p. 3314.)

[31] Session of July 7, 1919. (Heilfron, _op. cit._, vol. V, pp.

3299-3300.)

[32] See the analysis of this bill in the _Deutsche Juristen Zeitung_,

1920, p. 385.

[33] Heilfron, _op. cit._, vol. II, p. 969.

[34] _Reichsgesetzblatt_, 1920, p. 909.

[35] Bismarck was always against the granting of salaries to members of

the Reichstag. He hoped thereby to prevent making of politics a career.

The members of the Reichstag since 1906 have been receiving compensation

which, at first fixed at 3,000 marks a year, was increased in 1918 to

5,000. National Assembly members were paid 1,000 marks a month. The new

Reichstag in one of its first sessions decided (1) that its members are

to receive 1,500 marks a month; (2) that those of its members who, in

the intervals of the Reichstag’s sitting, worked on committees, should

receive 50 marks a day. In addition, members of the Reichstag have the

right to travel free on all railroads of the Reich.

[36] There were formerly six important permanent committees: on

procedure, petitions, commerce and industry, finance and customs,

justice, and budget. We shall see that the Constitution has added to this

list a committee on foreign affairs, and a committee on the protection of

the rights of popular representation when the Reichstag is not meeting.

It goes without saying that the Reichstag may name special committees for

such and such functions decided upon.

[37] There are thus three kinds of treaties: Those made by a law of the

Reich, those made by agreement between the President and the Reichstag,

and those made by the President alone.

[38] It must be noted that, contrary to the practice in most

parliamentary countries, there is no distinction made between ordinary

laws and fiscal laws. The latter, particularly the budget, audit laws,

loans, are subject to the same regulation as the former. This is

explained by the fact that, unlike most other parliamentary countries,

Germany does not practice, properly speaking, the two-chamber system.

[39] Heilfron, _op. cit._, vol. V, p. 3193.

[40] See in general the work of Redslob, _Die parlamentarische Regierung

in ihrer wahren und in ihrer unechten Form_, Tübingen, 1918. It is

curious to note that every argument and all the investigations of Redslob

take as their point of departure the criticisms addressed by Professor

Duguit against the French system, particularly in his _Traité de Droit

Constitutionnel_, 1911, vol. I, pp. 411-412.

[41] This law has never been applied. President Ebert, now in office,

was, it will be remembered, elected by the National Assembly.

[42] The President of the Reich has not, what is called in France, _le

pouvoir réglementaire_, that is to say, the right to issue general

ordinances obligatory on all citizens. He cannot make regulations of this

kind except in cases where the Constitution or an ordinary law gives him

special power to do so. In such a case either he issues the regulation,

naturally with the countersignature of a Minister (Articles 48, 49, 51,

59 of the Constitution, for example), or he must first obtain the consent

of the Reichstag.

[43] See particularly the decree of March 19, 1920, _Reichsgesetzblatt_,

1920, p. 467.

[44] At the meeting of the Committee on the Constitution on April 4,

1919, Preuss, then Minister of the Interior, declared that such was

already the practice in Germany and that President Ebert presided over

the most important meetings of the Council of Ministers.

[45] It includes in addition two members that do not belong to any

party--the Minister of Foreign Affairs and the Minister of Transport.

[46] Article 64 provided also that after the reunion of Austria with

the German Reich the latter would have the right to be represented in

the Reichstag numerically in proportion to the size of its population.

Until such union the representatives of German Austria would have only a

consultative voice. This provision, contrary both in letter and spirit

to Article 80 of the Peace Treaty, brought a protest from the Supreme

Council of the Allied Powers and their associates. The first note on

September 2, 1919, demanded the abolition of the offending provision

by constitutional amendment within a fortnight. On September 5, the

German government replied that no article of the Constitution could be

in contradiction with the Treaty of Peace, for Article 78, paragraph 2,

expressly provides that no constitutional provision may carry any attempt

against the treaty. This reply justly seemed to the Allies insufficient.

Article 78, paragraph 2, constitutes, it is true, on the part of the

drafters of the Constitution an excellent measure of precaution against

contradictions between the Constitution and the Treaty not provided for

in advance and revealed in practice. But the contradiction pointed out by

the note of the Allies of September 2 was too clear and evident to have

been accidental. The Allied Powers, therefore, demanded that the German

Government send by means of a diplomatic document the interpretation

contained in its note of September 5. This is the text, therefore, of a

supplementary declaration drawn up by the German Cabinet and ratified by

the National Assembly:

“The undersigned, duly authorized in the name of the German Government,

recognize and declare that all provisions of the German Constitution

of August 11, 1919, that are in contradiction with stipulations of the

Treaty of Peace signed at Versailles on June 28, 1919, are without force,

and that particularly the admission of the representatives of Austria as

members of the Reichstag cannot be effected except if, in conformance

with Article 80 of the Treaty of Peace, the League of Nations sanctions a

change in the international situation of Austria. The present declaration

must be ratified by the competent authorities within a fortnight after

the Treaty of Peace becomes operative.”

[47] The committees thus formed are eleven in number and each consists

of nine members. They are, committees on foreign affairs, political

economy, interior administration, commerce and audits, taxes and customs,

justice, the Constitution and interior regulation, the army, navy, and

the execution of the Treaty of Peace.

[48] See Koch, _Die Grundrechte in der Verfassung, Deutsche Juristen

Zeitung_, 1919, p. 609, _et seq._

[49] It should be observed that this provision has been decreed by a

law; consequently there can be no question in regard to it whether it

is a provision having the force of law or only a moral maxim. It is a

legislative provision. The fact that it was later inserted into the

Constitution has only the effect of preventing its abrogation or its

modification other than by constitutional amendment.

[50] This principle of civil law has also become now a provision of

constitutional law (Article 152).

[51] It must be also noted that up to now the States have not as yet

complied with this order of the Constitution. In Prussia in particular

it does not seem that measures have yet been enacted against the

“fideicommis.”

[52] _Reichsgesetzblatt_, 1920, p. 876.

[53] The question of the length of the working day has not been touched

by the Constitution. Up to now it has been regulated exclusively by

special decrees based on the eight-hour day. The decrees of November

23, 1918, and of December 17, 1918, introduced the eight-hour day for

workers in industries with the exception of industries which must not be

interrupted. The decree of November 23, 1918, prescribed the length of

the working day in bakeries; that of March 18, 1919, did the same for

salaried employés. A general law that provides for an eight-hour day and

regulating its application is in preparation.

[54] _Reichsgesetzblatt_, 1920, p. 98.

[55] As yet there has not been organized insurance against non-employment.

[56] The political parties interested themselves in these elections, the

platform being “for or against religious instruction.” The number of

socialists elected was less than that of bourgeois parties.

[57] See Chapter III.

[58] Max Schippel, _Schicksalstunden der Arbeitsgemeinschaft,

Sozialistische Monatshefte_, 1920, p. 328.

[59] It has been changed by a law of May 31, 1920. (_Reichsgesetzblatt_,

1920, p. 1128.)

[60] _Deutsche Allgemeine Zeitung_, April 29, evening.

[61] In the discussion that arose on this subject an expression used in

it has achieved popularity and is in current use. The strikers demanded

and obtained the “anchorage” of the Councils in the Constitution.

[62] See p. 307.

[63] It will be recalled that in order to obtain increase in authority

for the Factory Workers Councils, the Independents organized a great

manifestation in Berlin in January, 1920, in the course of which about

forty of the participants in the manifestation were killed on the steps

of the Reichstag.

[64] These enterprises are: Stock companies, limited joint-stock

companies, mutual insurance companies, and eventually limited liability

companies.

[65] See Paul Umbreit, _das Betriebsrätegesetz_, Berlin, 1920, pp. 20-21.

[66] It met for the first time on June 30, 1920.

[67] This memorandum did not represent the personal opinion of the

Minister. The ideas expressed in it were the opinions of a group that

included both socialists and bourgeois elements, men like Walter

Rathenau, von Möllendorf (under-secretary of State under Wissel),

Andreas, a banker, Georg Bernhard, editor of the _Vossiche Zeitung_, and

others.

[68] Reier, _Sozialisierungsgesetze_, Berlin, 1920, p. 14.

[69] Wissel, then Minister of Public Economy, on March 7, 1919, before

the National Assembly thus defined collective economy properly so-called:

“Collective economy means the organization and management of private

economic enterprises in the interests of the Reich, the subordination

of private interests to collective interests. The application of this

general principle to particular cases must be adapted to the special

conditions of the different branches of the economy. Nothing can be worse

than to want to make the economy rigidly uniform. Every economic group is

a different organism that demands forms appropriate to it. This seems to

be indicated in the exterior forms of union, such as capitalist economy

practiced in its associations and cartels. But the spirit that prevails

in these organizations must be raised above purely private considerations

up to a sense of responsibility toward the people as a whole, up to the

conception of a collective economy. _Collective economy does not mean

state economy, but autonomy._ The State is not the master of economy. It

can and should exercise supreme supervision and hold in equilibrium the

opposing interests with justice and wisdom.”

[70] These sixty members are divided as follows:

3 representatives of states;

15 representatives of colliers’ organizations;

15 representatives of mine workers;

1 employer and 1 worker in gasworks;

2 salaried employés of the technical service of the mines;

1 salaried employé of the commercial service of the mines;

5 coal merchants;

1 employé in the wholesale coal trade;

2 employers and 2 workers in industries using coal;

2 representatives of consumers’ societies;

1 user of coal in the cities, 1 in the country;

2 representatives of small industries using coal;

1 user of coal for railroads;

1 user of coal for maritime navigation;

1 user of coal for river navigation;

3 mine and boiler experts.

The representatives of the states are named by the Reichsrat from among

the municipal administrations and consumers of coal. The representatives

of employers and employés in the mining industries as well as the twelve

representatives of the colliers’ associations are elected by the mine

groups of the _Arbeitsgemeinschaft_. Two representatives are named by the

Prussian Minister of Commerce and Industry. The representatives of the

coal trade are named by the German Congress of Commerce and Industry. The

representatives of the employers and employés of the industries using

coal, and the representatives of the employés of gasworks are elected

by their _Arbeitsgemeinschaften_. The representatives of the small

industries using coal are elected by the German Chambers of Commerce and

Industry. The other representatives are appointed, on the advice of those

they represent, by the Minister of Public Economy of the Reich.

[71] Stricken out at the demand of the Supreme Council of the Allied and

Associated Powers. The Supreme Council addressed the following demand to

Germany on September 2, 1919:

“The Allied and Associated Powers have examined the German Constitution

of August 11, 1919. They observe that the provisions of the second

paragraph of Article 61 constitute a formal violation of Article 80 of

the Treaty of Peace signed at Versailles on June 28, 1919. This violation

is twofold:

“1. Article 61 by stipulating for the admission of Austria to the

Reichsrat assimilates that Republic to the German States composing the

German Empire--an assimilation which is incompatible with respect to the

independence of Austria.

“2. By admitting and providing for the participation of Austria in the

Council of the Empire Article 61 creates a political tie and a common

political action between Germany and Austria in absolute opposition to

the independence of the latter.

“In consequence the Allied and Associated Powers, after reminding the

German Government that Article 178 of the German Constitution declares

that ‘the provisions of the Treaty of Versailles can not be affected by

the Constitution,’ invite the German Government to take the necessary

measures to efface without delay this violation by declaring Article 61,

Paragraph 2, to be null and void.

“Without prejudice to subsequent measures in case of refusal, and in

virtue of the Treaty of Peace (and in particular Article 29), the Allied

and Associated Powers inform the German Government that this violation of

its engagements on an essential point will compel them, if satisfaction

is not given to their just demand within 15 days from the date of the

present note, immediately to order the extension of their occupation on

the right bank of the Rhine.”

Article 29 of the Treaty of Peace refers to Map No. 1 which shows the

boundaries of Germany and provides that the text of Articles 27 and 28

will be final as to those boundaries. Article 80 reads as follows:

“Germany acknowledges and will respect strictly the independence of

Austria, within the frontiers which may be fixed in a Treaty between that

State and the Principal Allied and Associated Powers; she agrees that

this independence shall be inalienable, except with the consent of the

Council of the League of Nations.”

A diplomatic act was signed at Paris on September 22, 1919, by the

representatives of the Principal Allied and Associated Powers and Germany

in the following terms:

“The undersigned, duly authorized and acting in the name of the German

Government, recognizes and declares that all the provisions of the German

Constitution of August 11, 1919, which are in contradiction of the terms

of the Treaty of Peace signed at Versailles on June 28, 1919, are null.

“The German Government declares and recognizes that in consequence

Paragraph 2 of Article 61 of the said Constitution is null, and that in

particular the admission of Austrian representatives to the Reichstag

could only take place in the event of the consent of the Council of

the League of Nations to a corresponding modification of Austria’s

international situation.

“The present declaration shall be approved by the competent German

legislative authority, within the fortnight following the entry into

force of the Peace Treaty.

“Given at Versailles, September 22, 1919, in the presence of the

undersigned representatives of the Principal Allied and Associated

Powers.”

End of Project Gutenberg's The New German Constitution, by René Brunet

The New German Constitution · 第 7 / 7 章