THE CONSTITUTION
Looking at the new German Constitution, without troubling about its
inner meanings, and comparing it with the Constitution of 1871, we are
struck at once by the very considerable advance it represents in
democratic development. One need not be a constitutional lawyer to
assert with confidence that this is the most democratic Constitution
possessed by any of the principal European peoples, and to add that it
seems to have avoided many of the mistakes that have been marked in
other Republican Constitutions, whether American, French, Portuguese
or Russian. The President's powers, for example, and the relation of
the Ministry to Parliament suggest that Dr. Preuss, the constitutional
jurist responsible for its drafting and elaboration, had studied
foreign constitutional history with a Prussian thoroughness and a
Hebrew perspicacity.
But a closer study of this Constitution will give us a different view
of it. And this view will depend on whether we study it in the light
of its development from the Revolution or of its difference from the
_ancien regime_. If we compare it with the principles of the
revolution we shall be tempted to condemn and reject it, like the
German Revolution, as mere camouflaged reaction. It would certainly
have been a very different document had it been produced in the first
weeks of November. The Revolution, in so far as it had a
constitutional conception at all, contemplated a "Raete system" (that
is a Council Government), which should secure political power to the
proletariat under a Central Committee, on the Russian model. If it had
admitted Parliamentary institutions at all they would only have been
subordinate to Council control. As to any survival of the old State
sovereignties, they were looked on as having disappeared with the
State dynasties from which they had originated. Thus the Erfurt
proclamation of the Thuringian States on December 10th, 1918, proposed
that the motley medley of those petty principalities be unified into
one administrative department of a centralised Republic.
But this revolutionary impetus did not last. As power relapsed to the
upper and middle classes particularism reappeared. As the flood tide
of revolution drained back, the old channels and watersheds appeared
again. Every crisis in modern German history, 1848, 1866 and 1870, had
been in the main a movement towards national unity that eventually
failed in great measure owing to peculiarities of German character and
of Germany's circumstances. And this last Revolution of 1918 was to a
large extent the same; but whereas the previous movements had been
thwarted by Conservative ideals and institutions, and by the citadels
of the past, this movement was most embarrassed by its association
with Communist ideals and innovations, like the Councils. So much
indeed was this national and centralising factor of the Revolution
obscured by the international and socialising feature of it that, at
the election of the Constitutional Assembly, such questions as to
whether the Constitution should be that of a centralised Republic,
like France, or a coalition of Republics, like Switzerland, never came
before the public at all.
Public opinion was too much occupied with the Revolution in its effect
on private life and property, on food and peace, to consider it in its
character as another chapter in the history of German unity. The
result of the election, however, temporarily settled the issue
against centralisation by splitting the Socialist party, and making
the moderate Socialist Government dependent on the support of clerical
and sectional interests. The constructive impetus of the Revolution
was lost and Constitution-making became once more, as on previous
occasions, a complicated negotiation with the lesser States.
But the Revolution had at least succeeded in giving the Constitution a
good start towards centralisation by having a draft prepared, by a
Committee under Dr. Preuss, then Secretary of State for the Interior
in the provisional Government. This first draft--a shapeless makeshift
affair--nevertheless established certain principles of national unity
which eventually survived all attacks on them. And a tactical success
was scored at once by publishing this draft simultaneously with the
decision of the Constituent Assembly, on the 21st of January. But that
was as far as the matter could be carried without calling the States
into consultation, and a conference of their representatives met in
Berlin on January 24th. At this Conference, or rather in the special
train on the way to it, the particularist opposition declared itself.
And this, not only where it might have been expected, in the clerical,
liberal and conservative parties, but among socialists themselves.
This opposition of southern socialists followed the line of an old
factious schism in the Social Democratic party that had declared
itself at the Nuernberg Conference, and was headed by Kurt Eisner, the
leading revolutionary and real ruler of Bavaria. Kurt Eisner was not
only opposed to Prussia on political but on personal grounds, having
shaken the dust of Berlin off his feet some years before. Under his
leadership the centralised Republic of Preuss was gradually remodelled
into a decentralised Federation of Republics. And it looked, at one
time, as though the failure of the Paulskirche Assembly was to be
repeated, and a movement towards German unity and social liberty was
to relapse and recoil into reaction. Fortunately there has been to-day
no Bismarck to profit by the opportunity given by the Southern
particularists.[K]
It is curious to note how the resignation of the Constituent States
changes in the successive drafts of the Constitution. First they
appear as "Member States" (_glied Staaten_), then as "Free States,"
finally as "Countries" (_Lander_). Again, we find the Federal Body or
Senate, representing these States, as States, appearing first as a
State Committee (_Staaten Auschuss_), then as a State House (_Staaten
Haus_) sharing sovereignty with a _Volks Haus_ or Commons and
combining with it to form the Reichstag, and finally as a Council of
the Realm (_Reichsrat_) with merely a suspensory veto over the
Reichstag. These changes of nomenclature suggest a reaction into
decentralisation followed by a recoil back into centralisation. The
successive drafts of this Constitution are indeed documents of intense
interest to a student of German political development and of
revolution in general. They mark stages in a historic movement that is
scarcely elsewhere recorded; if only because its course was so rapid
that it accomplished in weeks what would normally have taken years,
and because post-war conditions cut it off from competent observation.
But, by comparing the various drafts of the Constitution, we see how a
proletarian revolution starting in Prussia in favour of a centralised
consolidated Republic gradually yielded to a reaction favouring
Southern particularism, which converted the Constitution into a
decentralised federation of Republics. Then, with the capture of the
Saxon and Bavarian States, by the revolutionary Council movement and
their collapse under Prussian military occupation, came the final
phase in which centralisation recovered most of its lost ground. The
question is whether this ground has been recovered for reaction or for
revolution.
This raises the question, all important for our purpose, as to the
position of Prussian reaction under the new Constitution. Prussia as a
political Power stands to us for Prussianism, and Prussianism
represents the political point of view that we have been fighting in
this war.
In the past Prussia dominated Germany through the Dynasty and the
ruling class. Prussia was a force making for reaction, owing to its
antiquated suffrage and constitution and to the activities of its
upper and middle classes. Prussia still dominates the German Republic
much as England would dominate in a British Federation. But it is not
the same Prussia. If Prussia is still the citadel of reaction it is
also the centre of revolution. The fight between the two is not yet
fought out, but if, as seems probable, neither wins, the result will
be that the Prussian influence in new Germany will be a somewhat
colourless compromise, what we should call Liberalism.
If this is so, and the course of recent events tends to confirm a
conjecture made soon after my arrival in Germany, then a
centralisation that tends to maintain Prussian hegemony in Germany is
not in principle objectionable. It remains to be seen whether the
Constitution as now recentralised offers opportunities to a
recrudescence of Prussianism in the bad sense.
The position of Prussia, having four-sevenths of the population, an even
larger proportion of the ruling class and of the military caste, also
the capital and the civil service, was the main difficulty of the
Constitution-makers. The revolutionary solution was at first the
partition of Prussia, and it seemed feasible enough. Prussian unity had
centred more than that of any other German State in the Crown; and as
the Prussian Revolution had three main distinct regions, not very
different from the old racial divisions, a division of the State into
three seemed as easy as expedient. Dr. Preuss and constitutional jurists
of all parties stood in favour of such partition. At the same time, if
Prussia were to be partitioned, obviously a rearrangement of the other
States might be attempted, so as to give the new German Constitution
that uniformity and precision so precious to the German mind.
Accordingly, all manner of fancy schemes were put forward by which the
Reich was divided geographically, racially, religiously, economically,
and even industrially. But all the time the Revolution, that alone
could have carried through any such reconstruction, was being thwarted
and throttled, so that none of these schemes became practical politics.
The revolutionary impetus that the Constitution-makers could use for the
realisation of their reconstructive ideals proved far too weak. There
were, however, plenty of interested efforts to abolish the anomalies and
absurdities of the old dynastic frontiers. Thus Hamburg merchants wished
to annex Bremen; Brunswick revolutionaries wished to annex Anhalt;
Coburg councils declared their independence of Gotha councils; Waldeck
burghers clamoured for release from the tyranny of Pyrmont. But when it
came to effecting any such change, in no case was there sufficient
support. It would indeed have been easier to redivide Germany on
altogether new lines than to partition up and patch together the old
States. Dr. Preuss was, at a very early stage, obliged to restrict
himself to laying down principles for procedure which should make
subsequent rearrangements as easy as possible; and he was eventually
obliged to content himself with putting, as he himself said, the least
possible obstacle in the way of change.
The whole policy of partitioning Prussia very soon broke down before a
Prussian, national unity that was the growth of centuries. This
national sentiment expressed itself in violent opposition not only
from the Prussian ruling class, to whom Prussian unity was a necessary
condition for a monarchical and militarist reaction, but also to the
Prussian proletariat, who considered it a necessary condition for the
success of the Revolution. Nor, oddly enough, was it favoured even by
the Southern and Catholic interest who in the past had been most
jealous of Prussia. For they argued that if Prussia were reduced to
provincial departments, their own State rights would not remain
unrestricted. And State right had become all the more precious to the
clerical parties since revolution had threatened them both from above
and below, from a Socialist Central Government above and from
Communist Council Governments below. Partition had therefore to be
abandoned and the difficulty of Prussian preponderance was solved by
an arbitrary reduction of Prussian representation, as in the
Constitution of 1871. In the old Bundesrat Prussia was represented by
17 votes out of 61 (counting Alsace-Lorraine). Art. 61 of the present
Constitution restricts Prussia to two-fifths of the total votes,
having raised the proportion from one-third in the previous drafts.
That is, Prussia used to have rather more than a quarter, and now has
rather more than a third of the votes in the Federal body.
This might look like a reaction into Prussianism; but only until the
functions of this Federal Body are examined. Sovereignty, under the
old Constitution, resided in the dynasties, and the old Bundesrat was
a council of diplomatic delegates, comparable to the Supreme Council
at Paris. These delegates, as representatives of the Crown,
intervened, not only in legislative but even in administrative
matters, such as appointments. Moreover, in this Council, the Prussian
representatives had a privileged position, as they received their
instructions from the Prussian Government in which the Imperial
Chancellor was Premier. In the first drafts of the Constitution we
find the sovereignty divided between representatives of the State and
representatives of the people. Thus the Staatenhaus and Volkshaus
combine to make the sovereign Reichstag. But in the present
Constitution, all sovereignty expressly resides in the popular
Chamber, the Reichstag. The Reichsrat becomes no more than a sort of
Imperial Conference with defined and carefully delimited
constitutional powers; and, in the Reichsrat, Prussia has no
privileged position whatever.
The great strength of Prussianism was in the Prussian Constitution and
in the Crown. But Art. 17 now prescribes that every State must have a
Constitution as a Free State of a democratic character. And as to the
Crown, Prussia has not the same relations to the President as it had
to the Emperor. The Kaiser was primarily King of Prussia by right
divine, the President is primarily executive of Germany by popular
election.[L] Moreover, under the old _regime_, the Kaiser's Chancellor
was also Prussian Premier. The Republic's Chancellor has nothing to
say to Prussia; he and the Ministers form a Federal Cabinet
responsible to the Reichstag.
And, if we carry this comparison into other political regions, we find
the same result; that Prussianism and Junkerism have lost their
vantage grounds and have been put under democratic control.
In Foreign Affairs the influence of Prussia was, as we have cause to
know, especially fatal to Germany and to Europe. But that is now at an
end. The German Constitution not only affords the usual guarantees of
Parliamentary Government for a democratic foreign policy, but guards
the nation against defects in those guarantees that have been found
dangerous even in our own Constitution. Two innovations have for years
been urged by reformers in our own country, the institution of a
permanent parliamentary committee on foreign affairs, and the
submission of important treaties, as well as of declaration of war, to
Parliament. Had Germany had these safeguards at the time of the war
there would have been no war. Had we had them then we should now have
peace. Articles 35 and 45 of the German Constitution are worthy of our
careful consideration.
The financial relationship between States and the Central Government
is always a difficult matter to arrange. If the Federal Government is
dependent on subsidies from the States, it can have no strength, nor
even any real democratic basis. If the States depend on the Central
Government, they have no vitality and become in time mere
administrative departments. Under the old Constitution there was no
clear principle, but the fiscal authority resided nominally in the
States, while the Reich really by all manner of devices encroached on
this autonomy. Now there is a clear general principle that the States
must content themselves with such sources of revenue as are left to
them by the Reich. And we certainly cannot criticise a centralisation
which is indispensable to Germany in the enormous effort it must make
to meet the financial obligations imposed on it by the Treaty of
Versailles. Moreover, Prussia can no longer dominate Germany
financially and economically as before. Prussia's economic
preponderance has been greatly reduced by the loss of Lorraine, the
Saar, and Silesia. In communications, too, Prussia can no longer give
the lead and lay down the law to the lesser States; for communications
come under federal control. Within two years railroads, posts and
telegraphs and canals are transferred to the Reich.
In the region of public welfare we find that the new German
Constitution is more satisfactory than might have been expected from
the conditions of its genesis. It meets adequately two main requisites
for progress; the formulation of the general principles inspiring the
practical provisions of recent progressive legislation, and the
attribution of responsibility for further legislative development of
such principles. Thus, besides establishment of equality of sexes, we
find such principles as that "Marriage is established on the equality
of the sexes." "Families with numerous children are entitled to
equitable and equalising treatment." "Motherhood is entitled to
protection of and provision by the State" (Art. 19). Illegitimate
children are to have "similar conditions for their corporal, spiritual
and social development" (Art. 121), "Childhood is to be protected
against exploitation" (Art. 122), and so forth. While all these
questions are attributed to the Reichstag (Art. 7, Sec. 7).
The same approbation can safely be accorded to the chapter on public
work. The economic purpose of society is to "guarantee to all an
existence proper to men." "Property has its obligations, and its use
must also serve the common good." While these _voeux pieux_ are given
more definite application in provisions for housing and contributory
insurance, and in recognition of "nationalisation" in Art. 156.
Moreover, these principles are, to some extent, guaranteed by the
previously discussed recognition of Industrial Councils in Art. 165,
which provides a measure of "socialisation," and by the specific
recognition of socialisation as a principle in Art. 7, Sec. 13.
When we come to the all-important region of education, the conditions
of compromise in which the Constitution took shape have prevented the
establishment of any very clear principle or very cut and dried
procedure. This was indeed one of the most contentious chapters of
which 'clericalism' contested every inch. The Democrats and Dr. Preuss
had originally introduced a uniform and secular system; but they and
the Social-Democrats, in the abstention of the Independents, were
unable to carry this through against the Clerical Centrum. The
resultant compromise is not unlike that now prevailing in England. It
may work but it satisfies nobody.
And finally coming to the army the effect of the success secured by
the centralising party is even more questionable. The Revolution
originally contemplated merely a militia on the Swiss model, under
Federal control. The first result of reaction was to substitute a
professional and highly paid force, the Frei-Corps, under Prussian
command and control. The consequence of this was that the Southern
States insisted on retaining their separate military systems, and
these were duly recognised in the early drafts of the Constitution, to
the great disgust of nationalists and militarists. But then came the
proclamation of Raete-Republics in Saxony and Bavaria, and their
suppression by Prussian Frei-Corps with some assistance from
Wuertemberg and Baden. This re-established, _de facto_, a military
predominance of Prussia which enabled the Prussian jurists to replace
military matters under the Federal Government. Art. 79 now gives
complete authority to the Minister of Defence; and the special
military autonomies of Bavaria and other States, reserved in previous
drafts, disappear. But, so long as the Frei-Corps continue, with their
Prussian organisation and officers, a Federal army is, for the
present, at least, nothing else than a Prussian army. Though Noske is
the Minister of Defence, not Minister of War, as he is sometimes
called, and is a member of a Federal Cabinet and not, as before, a
Prussian Minister, and though the Eden Hotel clique has been
transferred to the Ministry of Defence--yet the armed forces of the
Republic are, for the present, the armed forces of Prussia.
This is, however, a transition stage. The Prussian officer is the
creation of conditions that no longer exist to-day, and the Frei-Corps
a creation of conditions that will not exist to-morrow. When Germany
again gets peace, Prussia will lose a predominance that it owes to
past conditions, but not to the Constitution.
It is indeed in its efficiency as a bond between the past and the
future that the Constitution must be judged; as a bond that will
reduce revolution to rapid evolution. Dr. Preuss, its author, claims
no more for it than that it will not act as a bar to any normal and
natural growth. But it will have to do more than this. It must serve
as a bridge by which Germany can safely pass over the immense gulf
that separates the Germany of yesterday from the Germany of to-morrow;
the Germany of the Courts of Potsdam and of Pumpernickel, from the
Germany of the Executive Councils of Berlin and Brunswick. It is a
formidable span for any bridge, and, when we look at this Constitution
and find one abutment of it in Article 65 consecrating an
ultra-mediaeval particularism, and the other abutment in Article 165
"anchoring" the ultra-modern forms of industrial councils, we may
wonder whether the intervening structure will ever stand the strain.
Can the constitutional compromise of Dr. Preuss ever safely convey
seventy million people from government by the divine right of princes
to government by industrial representation? Even if it does not, and
this Constitution is swept away by a second flood-tide of revolution,
it will have served a purpose. It will have finally exorcised the
constitutional incubus of northern Prussianism and southern
particularism. The vague and dangerous powers of Prussian imperial
sovereignty and the less dangerous but equally disabling national
sovereignties of the Principalities have been swept away. Art. 11 of
the Constitution establishes the Commonwealth as a Republic and
assigns its sovereignty to the people.[M] Moreover, Art. 178 repeals
the Constitution of 1871, while Art. 181 puts the Constitution in
force on the authority of the National Assembly alone, thereby finally
ending the claim put forward at first by Bavaria that it should be
ratified by the Landtag.
The difference between the Constitution of 1919 and that of 1871 can
indeed best be seen at a glance by comparing their preambles. Here is
that of 1871. "H.M. the King of Prussia in the name of the North
German Confederation, H.M. the King of Bavaria, H.M. the King of
Wuertemberg, H.R.H. the Grand Duke of Baden and H.R.H. the Grand Duke
of Hesse and by Rhine, for those parts of the Grand Dukedom of Hesse
South of the Rhine, conclude a perpetual confederation."
Compare that with the preamble of this Constitution. "The German
people, united in its races, and inspired by the will to restore and
reinforce its Realm in liberty and equity, to ensure peace, both
inward and outward, and to further social progress, has accorded
itself this Constitution."
It only remains therefore, for Europe and England to recognise this
new departure and to ratify it by admitting Germany to the League of
Nations. And even if this new Constitution be held to be no more than
new wine in old bottles and new patches on an old garment, that is no
reason why Germany should not be included in the League as at present
conceived and constituted.
FOOTNOTES:
[K] Delbrueck, the leader of the Right, who defended Bismarck's
Constitution in the Assembly against the supporters of the present
Constitution, ignored the fundamental difference caused by the fall of
the dynasties. Even Bismarck could not have succeeded had he not had the
King of Prussia, the Emperor of Austria and the Princes of Germany on
which to build his structure.
[L] It was at first proposed, when decentralisation was at its
strongest, that each State should have its own President, and that the
Reichs President and Prussian President should be kept separate. But
there is as yet no Prussian President, nor does there seem likely to be
one.
[M] The sovereignty of the Southern States was always a danger to German
unity, as in the last crisis when great efforts were made by France to
start secession movements in the South and West. The diplomatic right of
representation was also an embarrassment in every crisis; as when a
Bavarian representative suddenly appeared at Brest-Litovsk in the high
tide of reaction, or again at Berne in the height of the Revolution.
APPENDIX
THE GERMAN CONSTITUTION
INTRODUCTORY NOTE
Before the revolution of 9 November, 1918, the Constitution in force
was that of 16 April, 1871--the "Constitution of the German Reich,"
which had replaced the "Constitution of the German Bund" of November,
1870. But the following Constitution has less in common with these
later Constitutions, based on alliances between Sovereign Princes,
than with the abortive "Constitution of the German Reich" of 28 March,
1849, which embodied the nationalist and democratic revolution of
1848.
The November revolution brought to power a provisional Government--the
Council of People's Commissaries--which in its first proclamation of
12 November, 1918, announced that the future Constitution would be
framed by a National Assembly elected by universal suffrage and
proportional representation. Under electoral regulations of 30
November, 1918, elections were held on 19 January, 1919.
The National Assembly met in Weimar on 6 February, 1919, and on 10
February voted the Provisional Constitution; whereupon the Council of
Commissaries resigned their authority to the Assembly. This
Constitution gave the Assembly sole power to vote the Constitution;
but its provisions could only be submitted with consent of a "State
Committee" of representatives of the "Free States." This provisional
Constitution was supplemented by an "Interim Act" of 4 March, which
maintained in force previous legislation of the Reich and decrees of
the Provisional Government.
The drafting of the Constitution was entrusted to Dr. Hugo Preuss,
Professor of Public Law in the Commercial University of Berlin,
Secretary of the Interior in the Provisional Government, and Minister
of the Interior in the first Coalition Government. The Democratic
Party, of which he is a member, having left the Coalition on the
question of signature of the Treaty of Versailles, Dr. Preuss retained
responsibility for the passage of the Constitution as Special
Commissioner.
The first draft of the Constitution was published in January and was
submitted to the Assembly on 21 February. It was introduced by Preuss
with lengthy expositions in sessions on 28 February and 3 and 4 March,
and thereafter submitted to a Committee of twenty-eight under the
Presidency of the deputy Conrad Haussmann. After being completely
recast in Committee it was debated in second reading 2-22 July; when
the status of the Free States, the education question, and the
recognition of industrial Councils were especially contested and
eventually compromised. The third reading, 29-31 July, ended in its
being voted by 262 to 75, the minority consisting of the Conservatives
and the Independent Socialists.
CONSTITUTION OF THE GERMAN REALM
The German people united in its every branch and inspired by the
determination to renew and establish the Realm in liberty and justice,
to ensure peace at home and abroad, and to further social progress,
has given itself this Constitution.
FIRST PART
THE REALM: ITS ORGANISATION AND FUNCTIONS
SECTION I
REALM AND LANDS
ARTICLE 1.
The German Realm is a Republic.[1]
Constitutional power proceeds from the people.[2]
ARTICLE 2.
The territory of the Realm consists of the territories of the German
Lands.[3] Other territories may be incorporated in the Realm by an act
of the Realm, if their populations should so desire in virtue of the
right of self-determination.
ARTICLE 3.
The colours of the Realm are black-red-gold. The commercial flag is
black-white-red with the national colours in the inner upper
corner.[4]
ARTICLE 4.
The generally recognised rules of international law are held to be
integral and obligatory parts of the Law of the German Realm.[5]
ARTICLE 5.
Constitutional power shall be exercised, in matters pertaining to the
Realm, by the Constitutional Bodies of the Realm on the basis of the
constitution of the Realm, in matters pertaining to the Lands, by the
constitutional bodies of the Lands on the basis of the constitutions
of the Lands.
ARTICLE 6.
The Realm has exclusive legislative authority in:--
(1) Foreign relations.[6]
(2) Colonial affairs.[7]
(3) Nationality, freedom of domicile, immigration and emigration,
extradition.
(4) National defence.[8]
(5) Currency.
(6) Tariffs, and the Customs and Commercial Union and freedom of
Trade.
(7) Posts and telegraphs, including telephones.[9]
ARTICLE 7.
The Realm has legislative authority in the following subjects:--
(1) Citizenship.
(2) The criminal code.
(3) Judicial procedure, including the execution of justice; further,
official co-operation between public authorities.
(4) Passports and police supervision of aliens.
(5) Poor relief and vagrancy.
(6) The Press, the right of association, the right of meeting.
(7) Population questions, care of mothers, infants, children, and
young persons.
(8) Public health, veterinary regulations, and protection of plants
against disease and pests.
(9) The right to work, insurance and protection of workers and
employees, and employment exchange.
(10) The institution of vocational associations extending over the
Realm.
(11) The care of discharged soldiers and their dependants.
(12) The right of expropriation.
(13) Socialisation of natural resources and of economic enterprises,
further the manufacture, production, distribution, and price
regulation of economic commodities for general use.[10]
(14) The commercial code, weights and measures, the issue of paper
money, banking, and stock exchange regulations.
(15) Dealings in foodstuffs and food luxuries, and also in essential
commodities of daily use.
(16) Industry and mining.
(17) Insurance.
(18) Merchant shipping, high-sea and coastwise fishing.
(19) Railways, canal traffic, motor traffic by land, sea, and air, and
the construction of roads serving general traffic and national
defence.[11]
(20) Theatres and cinemas.
ARTICLE 8.[12]
The Realm has further the right of legislating as to taxation and
other revenues, in so far as they are wholly or partially appropriated
to its purposes. Should the Realm appropriate taxes or other revenues
hitherto assigned to the Lands, it must keep in view the proper
requirements of the Lands.
ARTICLE 9.
The Realm has the right to legislate on the following subjects, or, if
and when it is necessary to issue uniform regulations:--
(1) Social welfare work.
(2) Protection of public order and public safety.
ARTICLE 10.[13]
The Realm can by Act, frame general principles regulating:--
(1) Rights and responsibilities of religious communities.
(2) Education, including all higher education and scientific
libraries.
(3) Rights of the officials of all public bodies.
(4) Right to the land, land distribution, land settlement and small
holdings, the law of entail, housing, and distribution of the
population.
(5) Burial of the dead.
ARTICLE 11.
The Realm can by way of legislation, frame general principles
concerning the validity and collection of taxes levied by the Lands
to protect important interests of society and prevent:--
(1) Prejudice to the revenues or commercial relations of the Realm.
(2) Levies on public communications or institutions if excessive or
such as to interfere with communication.
(3) Where, in the course of traffic between the different Federal
States or provinces, commodities entering a certain State suffer
financial disabilities as compared with the same class of commodity
manufactured in such State.
(4) In order to exclude export premiums or to safeguard important
social interests.
ARTICLE 12.
As long as, and in so far as, the Realm makes no use of its rights of
legislation, the Lands retain the right of legislating. This does not
apply to legislation which belongs to the Realm exclusively.
The Government of the Realm has the right of veto against any
legislation of the Lands which affects the provisions of Number 13 of
Article 7, in so far as the interests of the whole community of the
Realm are thereby affected.
ARTICLE 13.
Law of the Realm prevails against law of the Lands.
Should any doubt or difficulty arise as to whether an act of the Land
legislature is compatible with the law of the Realm, the competent
authorities of the Realm or Land may appeal to the decision of a
Supreme National Court of Judicature; as may be subsequently
determined by an act of the Realm.
ARTICLE 14.
Acts of the Realm are administered by authorities of the Lands except
in so far as may be otherwise determined by acts of the Realm.
ARTICLE 15.
The Government of the Realm has the right of supervision over those
matters in which it has the right of legislation.
The Government of the Realm may lay down general directions where acts
of the Realm are administered by the authorities of the Lands. It may
send commissioners to the authorities of the Lands, and with their
concurrence to subordinate authorities in order to supervise the
execution of the acts of the Realm.
The Land Governments are bound to remedy, on demand of the Government
of the Realm, any deficiencies which may have appeared in the course
of executing the acts of the Realm. In cases of dispute, both National
Government of the Realm and Governments of the Lands may appeal to the
decision of a Supreme Court of Judicature, except where an act of the
Realm declares another court to be competent.
ARTICLE 16.
Officials directly charged with administrative affairs of the Realm in
any Land shall, as a rule, be citizens of that Land. Officials,
employees, and workers in the employ of the Realm shall, if they so
desire, be employed within their home Land, in so far as this is
possible, and in so far as the requirements of the service or of their
training are not prejudiced.
ARTICLE 17.
Every Land must have a liberal constitution.[14] The Representative
Body must be elected by universal, equal, direct, and secret suffrage
by all nationals of either sex, on the system of proportional
representation.[15] The Government of the Lands must have the
confidence of the Representative Body.[16]
The principles laid down for the election of the Representative Body
apply also to the elections to Local Bodies. Nevertheless, Land
legislation may require, as an elector's qualification, domicile
within the locality not exceeding one year.[17]
ARTICLE 18.[18]
The division of the Realm into Lands shall have in view the highest
economic and cultural progress of the People, while paying all
possible regard to the wishes of the population affected. An act of
the Realm in the form of a constitutional amendment is required for
any modification of the frontiers of Federal States, or for the
creation of new Lands within the Realm.
Where the Lands directly affected consent, a simple Act of the Realm
shall suffice.
A simple act of the Realm shall further suffice where one of the Lands
affected does not consent, but where the alteration of a frontier or
the creation of a new Land is demanded by the wishes of the population
and there is an overwhelming national interest in favour of it.
The wishes of the population shall be ascertained by means of a
plebiscite. The Government of the Realm shall order a plebiscite to
take place if one-third of the total number of those who have a vote
for the Reichstag, living within the territory affected, demand it.
Three-fifths of the votes recorded, and at least a majority of the
total number of electors, are necessary to determine any alteration of
frontier or the foundation of a new Land. Even where there is only
question of separating part of a Prussian county or of a Bavarian
district, or of the corresponding divisions in any other Land, the
wishes of the population inhabiting the whole district affected must
be ascertained. Should there be no regional relationship between the
portion to be disconnected and the whole district, a special act of
the Realm may declare the wishes of the portion which is to be
disconnected to be sufficient.
When the wishes of the population have been ascertained, the
Government of the Realm shall embody them in an act for decision by
the Reichstag.
Should any dispute arise on the occasion of a union or a separation of
territory in respect of property claims, the decision shall lie with
the Supreme National Court of Judicature of the whole Realm on appeal
of either party.
ARTICLE 19.
Should a constitutional dispute arise within a Land, for deciding
which there is no competent court, or should a dispute of a public
nature arise between Lands or between the Realm and a Land, either of
the disputing parties may appeal, unless another court of the Realm is
competent, to the Supreme National Court of Judicature, which shall
decide. Execution of the decision of the Supreme Court of Judicature
shall lie with the President of the Realm.
SECTION II
THE REICHSTAG
ARTICLE 20.[19]
The Reichstag is composed of the deputies of the German people.
ARTICLE 21.
The deputies are representatives of the whole people. They are subject
to their conscience only and are not bound by instructions.
ARTICLE 22.
The deputies shall be elected by universal, equal, direct, and secret
suffrage by those of either sex over twenty years of age, on the
principles of proportional representation. The day of the election
must be a Sunday or public holiday. An electoral law of the Realm
shall lay down further detailed regulations.
ARTICLE 23.
The Reichstag shall be elected for four years. New elections must take
place at latest within sixty days after the expiration of its term of
office. The Reichstag must hold its first meeting at latest on the
thirtieth day after election.
ARTICLE 24.
The Reichstag shall meet on the first Wednesday of November in every
year at the seat of the Government. The President of the Reichstag is
bound to call it together at an earlier date if the President of the
Realm, or at least one-third of the deputies, demand it.
The Reichstag determines the date of the close of its session and the
date of its reassembly.
ARTICLE 25.[20]
The President of the Realm has power to dissolve the Reichstag, but
may only do so once on the same ground.
New elections must be held at latest on the sixtieth day after the
dissolution.
ARTICLE 26.
The Reichstag shall choose its own President, Vice-President, and
Secretaries. It shall regulate its own procedure.
ARTICLE 27.
The business of the House between two sessions or between two election
periods shall be conducted by the President of the Reichstag and the
Vice-President holding office during the preceding session.
ARTICLE 28.
Disciplinary and police powers within the Reichstag building pertain
to the President of the Reichstag. He also has the administration of
the House. He has control of the income and expenditure of the House
within the limits laid down by the national budget, and he represents
the House in all the legal proceedings and legal business involved in
its administration.
ARTICLE 29.
The sittings of the Reichstag are public. The public may be excluded
on the demand of fifty deputies and by a two-thirds majority vote.
ARTICLE 30.
True reports of the proceedings at the public sittings of the
Reichstag, of the proceedings at a Landtag, of the proceedings at
Committees of the Reichstag or Landtag, are privileged matter.
ARTICLE 31.
A Court of Inquiry into election proceedings shall be formed in
connection with the Reichstag. Such Court shall also decide whether
any deputy has forfeited his mandate.
The Court of Inquiry into election proceedings shall be formed of
members of the Reichstag, who shall be elected by the Reichstag for
the duration of the electoral period, and further of members of the
Supreme Administrative Court, who shall be nominated by the President
of the Realm on the suggestion of the Presiding officers of this
Court.
The Court of Inquiry into election proceedings shall pronounce
judgment in public and oral session through three members of the
Reichstag, and two legal members.
Apart from inquiries actually conducted before the Court of Inquiry,
proceedings may be taken before an officer of the Realm appointed by
the President of the Realm. Further, procedure shall be determined by
the Court of Inquiry.
ARTICLE 32.
A resolution of the Reichstag requires a simple majority of votes,
except where some other proportion of votes is laid down by the
constitution. The Standing Orders of the Reichstag may admit
exceptions to this rule in the case of elections carried out by the
Reichstag.
The Standing Order shall regulate all questions of the validity of
resolutions.
ARTICLE 33.
The Reichstag and its Committees of the Reichstag are entitled to
demand the presence of the Chancellor or of any other Minister of the
Realm. The Chancellor, the Ministers, and their deputies have access
to the sittings of the Reichstag and to the sittings of the Committees
of the Reichstag. The Lands are entitled to send plenipotentiaries to
these sittings who shall submit the views of their Government on the
question under discussion.
The representatives of the Lands may demand to be heard during the
discussion; the representatives of the Government of the Realm may do
so under suspension if necessary of the Orders of the Day.
Such representatives are subject to the rulings of the Chair.
ARTICLE 34.[21]
The Reichstag may set up Committees of Inquiry: it must do so if
one-fifth of the members demand it. Such Committees shall in open
session inquire into such evidence as they consider necessary, or the
petitioners consider necessary. The public may be excluded by
resolution of a two-thirds majority of the Committee of Inquiry. The
Standing Orders shall regulate the procedure of the Committee and
determine the number of its members.
The Courts and the Civil Service must submit any evidence demanded by
these Committees; the Committees may demand to see their records.
The regulations of the Criminal Code apply to the taking of evidence
by the Committees or by such authorities as they have instructed;
nevertheless, the secrecy of the post office, of the letter,
telegraph, and telephone services remains unaffected.
ARTICLE 35.[22]
The Reichstag shall appoint a Permanent Committee for Foreign Affairs;
which Committee may sit during the recess, or after the election
period has come to an end, or after the dissolution until the meeting
of the new Reichstag. The sittings of such Committee are not public,
unless the Committee itself decides on publicity by a two-thirds
majority.
The Reichstag shall further appoint a Permanent Committee for the
Protection of the Rights of the People's Representatives against the
Government of the Realm for those periods during which it is out of
session, and for the period following the termination of an election
period.
Such Committees have the same rights as the Committees of Inquiry.
ARTICLE 36.
No member of the Reichstag or of a Landtag may at any time be made
subject to judicial or administrative penalty, or may be made
responsible outside the House, on account of his vote or on account of
any utterances made in virtue of his office as deputy.
ARTICLE 37.
No member of the Reichstag or of a Landtag may, without the consent of
the House of which he is a member, be arrested or subjected to
examination, while the House is in session, on account of any act for
which criminal proceedings are threatened unless and except he have
been arrested while committing the said act or at latest in the course
of the following day.
A like consent is necessary for every other restriction of personal
liberty calculated to obstruct a deputy in the free exercise of his
office.
The Reichstag or a Landtag may require any criminal proceedings, any
arrest, or any other restriction placed on the personal liberty of one
of its members to be suspended for the duration of the session.
ARTICLE 38.
The members of the Reichstag and of the Landtags are entitled to
refuse their evidence, both as to the identity of persons who have
made communications to them in their capacity as deputies, and as to
the nature of these communications themselves. With regard to the
seizure of documents their position is further identical with that of
persons who have the legal right of refusing evidence.
A search or seizure of documents may not take place within the
precincts of the Reichstag or a Landtag except by consent of the
President concerned.
ARTICLE 39.
Officials or members of the armed forces require no leave in order to
exercise their functions as members of the Reichstag, or of a Landtag.
Should they be candidates for a seat in these bodies such leave as
their candidature requires must be granted to them.
ARTICLE 40.
The members of the Reichstag are entitled to free passes on all German
railways, and also to allowances as provided by act of the Realm.
SECTION III
THE PRESIDENT OF THE REALM AND THE GOVERNMENT OF THE REALM
ARTICLE 41.
The President of the Realm shall be elected by the whole German
people.
Every German who has completed his thirty-fifth year is eligible, and
an act of the Realm shall make further provision.
ARTICLE 42.
The President of the Realm shall take the following oath on assuming
office----
I swear that I will devote my powers to the good of the German
people, that I will promote and protect the people's
interests, will maintain the constitution and the laws, will
fulfil my duties conscientiously, and will exercise justice
towards all.
The addition of a religious oath is permissible.
ARTICLE 43.
The President holds office for seven years and is re-eligible.
The President of the Realm may be deposed from office before the
expiry of his term by popular plebiscite on initiative of the
Reichstag. The resolution of the Reichstag must have a two-thirds
majority. It precludes the President from any further exercise of
office. Should the plebiscite reject deposition, such vote counts as a
new election and entails the dissolution of the Reichstag.
The President of the Realm may not be criminally prosecuted without
consent of the Reichstag.
ARTICLE 44.
The President of the Realm cannot be concurrently a member of the
Reichstag.
ARTICLE 45.
The President of the Realm represents the Realm in international
intercourse. He contracts alliances and other treaties with foreign
Powers in the name of the Realm. He accredits and receives
ambassadors.
Declaration of war and conclusion of peace shall be by act of the
Realm.
Alliances and treaties with foreign States concerning subjects of
national legislation require the consent of the Reichstag.
ARTICLE 46.
The President of the Realm appoints and dismisses officials and
officers of the Realm, except as may be otherwise provided. He can
exercise his rights of appointment and dismissal through other
authorities.
ARTICLE 47.
The supreme command over the whole armed forces of the Realm resides
in the President of the Realm.
ARTICLE 48.[23]
Should any Land fail to fulfil the obligations imposed on it by the
constitution or laws of the Realm, the President of the Realm may
constrain it thereto by armed force.
Should public order and safety be seriously disturbed or threatened in
the German Realm, the President of the Realm may take the necessary
measures to restore public order and safety; in case of need he may
use armed force. For this purpose he may, for the time being, suspend
wholly or partly the fundamental civil rights detailed in Articles
114, 115, 117, 118, 123, 124, and 153.
The President of the Realm is bound without delay to communicate to
the Reichstag all measures taken by him in virtue of Clause 1 or
Clause 2 of this Article. The Reichstag may require such measures to
be abrogated.
A Land Government may take temporary measures of the nature indicated
in Clause 2, should delay be dangerous. The President of the Realm or
the Reichstag may require such measures to be abrogated.
An act of the Realm shall make further provision.
ARTICLE 49.
The President of the Realm exercises the right of pardon. Amnesties
affecting the whole Realm require an act of the Realm.
ARTICLE 50.
All orders and decrees of the President of the Realm, including those
regarding national defence, require for validity the counter-signature
of the Chancellor or of the competent Minister of the Realm.
Responsibility is assumed with this counter-signature.
ARTICLE 51.
Should the President of the Realm be prevented from acting, he shall
be represented in the first place by the Chancellor. Should it seem
probable that he will be so prevented for a lengthy period, an act of
the Realm shall provide for his representation.
The same applies in the case of a premature vacancy in the Presidency
for the period preceding a new election.
ARTICLE 52.
The Government of the Realm consists of the Chancellor and the
Ministers of the Realm.
ARTICLE 53.
The President of the Realm appoints and dismisses the Chancellor and,
on his recommendation, the Ministers of the Realm.
ARTICLE 54.
Chancellor and Ministers of the Realm require the confidence of the
Reichstag for the exercise of office. Any one of them must resign
should the Reichstag withdraw its confidence by express resolution.
ARTICLE 55.[24]
The Chancellor presides over the Government of the Realm and conducts
its business on the basis of Standing Orders, which shall be drawn up
by the Government of the Realm and approved by the President of the
Realm.
ARTICLE 56.
The Chancellor lays down general policy and is responsible therefor to
the Reichstag. Each Minister of the Realm carries on his Department
independently within such lines, and is individually responsible
therefor to the Reichstag.
ARTICLE 57.
The Ministers of the Realm shall submit for discussion and resolution
to the Cabinet all Bills; further, all matters which either the
constitution or the laws require to be so submitted; also, differences
of opinion on topics which touch more than one Ministerial Department.
ARTICLE 58.
The Government of the Realm decides by simple majority. Where the
voting is equal the Chair has a casting vote.
ARTICLE 59.
The Reichstag may impeach the President of the Realm, the Chancellor,
and the Ministers in the State Court of Judicature, on the ground of
conscious violation of the constitution or law of the Realm. The
resolution calling for impeachment must be signed by at least one
hundred members of the Reichstag, and requires, in order to be valid,
the same majority as in the case of a constitutional amendment. The
act instituting the Supreme Court of the Realm shall make further
provision.
SECTION IV
THE REICHSRAT
ARTICLE 60.[25]
A Reichsrat shall be formed in order to represent the German Lands in
the legislation and administration of the Realm.
ARTICLE 61.
Each Land shall have at least one vote in the Reichsrat. In the case
of the larger Lands there shall be one vote per million inhabitants.
Any excess over a million not less than the total number of the
inhabitants of the smallest State shall be reckoned as a full million.
No Land may have more than two-fifths of the total number of
votes.[26]
German-Austria shall, after it has joined the German Realm, have the
right to participate in the Reichsrat with such votes as correspond to
its population. Until that time the representatives of German-Austria
shall have an advisory voice.[27]
The number of votes shall be determined afresh by the Reichsrat after
each general census.
ARTICLE 62.
No Land may have more than one vote on Committees formed by the
Reichsrat.
ARTICLE 63.
The Lands shall be represented in the Reichsrat by members of their
Governments. But one-half of the Prussian votes shall be held by the
Prussian provincial administrations; and further provision therefor
will be made by Prussian legislation.[28]
ARTICLE 64.
The Government of the Realm is bound to summon the Reichsrat should
one-third of the members of the Reichsrat demand it.
ARTICLE 65.
A member of the Government of the Realm shall preside over the
meetings of the Reichsrat. The members of the Government of the Realm
may take part in the proceedings of the Reichsrat and of its
Committees; they are bound to do so if summoned. They are entitled to
be heard at their request at any time of the proceedings.
ARTICLE 66.
The Government of the Realm, and also each member of the Reichsrat may
propose resolutions there.
The Reichsrat shall regulate its procedure by Standing Orders.
The plenary sessions of the Reichsrat are public. Publicity may be
suspended by standing order in particular discussions.
The voting shall be decided by simple majority.
ARTICLE 67.
The Reichsrat shall be kept informed of the course of current business
by the Ministers. The competent Committees of the Reichsrat shall be
consulted by the Ministers in matters of importance.
SECTION V
LEGISLATION OF THE REALM
ARTICLE 68.
Bills shall be introduced by the Government, or from the body of the
House.
Acts of the Realm shall be passed by the Reichstag.
ARTICLE 69.
Bills proposed by the Government require the consent of the Reichsrat.
Should the Government and the Reichsrat fail to come to an agreement,
the Government may nevertheless introduce its Bill, but must append
the dissenting opinion of the Reichsrat. Should the Reichsrat pass a
Bill from which the Government dissents, the Government must introduce
such Bill in the Reichstag together with an exposition of its own
views.
ARTICLE 70.
The President of the Realm shall have laws, constitutionally passed,
properly engrossed, and shall proclaim them, within a month, in the
Gazette of the Realm.
ARTICLE 71.
Acts of the Realm, unless otherwise provided, come into force on the
fourteenth day after the date of publication of the Gazette in the
capital of the Realm.[29]
ARTICLE 72.
Proclamation of an act of the Realm shall be deferred for two months
on request of one-third of the Reichstag. Laws which the Reichstag
and the Reichsrat declare to be urgent may be proclaimed by the
President of the Realm notwithstanding this request.
ARTICLE 73.
An Act passed by the Reichstag must, before being proclaimed, be
submitted to a plebiscite, should the President of the Realm so decide
within a month.
An Act whereof the proclamation has been deferred on request of
one-third of the members of the Reichstag must be submitted to
plebiscite should one-twentieth of the voters demand it.
A plebiscite must further be taken if one-tenth of the voters demand
the introduction of a Bill; such a popular request must be based on a
Bill prepared in due form. The Government of the Realm must inform the
Reichstag of such request together with an explanation of its own
views. No plebiscite shall be held should the Reichstag accept the
Bill demanded without amendment.
The President of the Realm is alone entitled to institute a plebiscite
concerning the budget, taxation, or payment of officials.
An act of the Realm shall make further provisions as to such
plebiscite and initiative.
ARTICLE 74.
The Reichsrat can veto acts passed by the Reichstag.
Such veto must be communicated to the Reichstag by the Government
within two weeks after its passage, and within two further weeks the
reasons therefor must also be submitted.
In case of such veto the act affected shall be submitted to the
Reichstag for reconsideration. Should the Reichstag and Reichsrat fail
to reach agreement by this means, the President of the Realm may,
within three months, refer the issue to a plebiscite. Should the
President fail to exercise this right, the act shall lapse. Should the
Reichstag, by a two-thirds majority, decide against the veto of the
Reichsrat, the President must, within three months, either proclaim
the act as passed by the Reichstag, or order a plebiscite.
ARTICLE 75.
No vote of the Reichstag may be abrogated by plebiscite unless a
majority of the voters record their votes.
ARTICLE 76.
The constitution may be legislatively amended. Nevertheless
constitutional amendments by the Reichstag are only valid if
two-thirds of the members are present, and at least two-thirds of
those present are in favour. Further, constitutional amendments by the
Reichsrat require a majority of two-thirds of the recorded votes.
Should a plebiscite be held by popular initiation on a constitutional
amendment, a majority of the electorate must be in favour.
Should the Reichstag vote a constitutional amendment over the veto of
the Reichsrat the President shall not proclaim such act should the
Reichsrat, within two weeks, demand a plebiscite.[30]
ARTICLE 77.
The Government of the Realm shall, unless otherwise enacted, issue
general administrative regulations for the execution of acts of the
Realm. The assent of the Reichsrat is requisite where the execution of
a national law rests with the Government of a Land.
SECTION VI
ADMINISTRATION OF THE REALM
ARTICLE 78.
The conduct of foreign affairs pertains exclusively to the Realm.
The Lands may make treaties with foreign States on matters which fall
within their own legislative competence; such treaties require the
consent of the Realm.
Agreements with foreign States concerning alteration of the national
frontiers shall be concluded by the Realm after the Land affected has
given its consent. Frontier alterations can be effected by act of the
Realm only, except in mere rectifications of frontiers in uninhabited
districts.
The Realm shall take the necessary measures and make the necessary
arrangements, in agreement with the Lands affected, to safeguard such
interests of those Lands as may be involved in their peculiar economic
connections with or in their geographical contiguity to foreign
States.
ARTICLE 79.
National defence is an affair of the Realm. An act of the Realm shall
uniformly regulate the military constitution of the German people,
with due regard for local conditions.
ARTICLE 80.
Colonial affairs pertain exclusively to the Realm.
ARTICLE 81.
All German merchant vessels constitute a united mercantile marine.
ARTICLE 82.
Germany constitutes a Customs and Commercial Union enclosed in a
common customs frontier.
The customs frontier coincides with the foreign frontier. Towards the
sea the continental coast line with the islands belonging to the Realm
forms the customs frontier. Deviations may be admitted where the
customs frontier reaches the sea or other waters.
The territory of foreign States, wholly or partly, may be included
within the Customs Union by treaty or other agreement.
Parts of the Union may be excluded under special necessity. In the
case of free harbours such exclusion can be terminated only by
constitutional amendment.
Territories excluded from the Union may be joined to a foreign Union
by treaty or by agreement.
All products of nature, industry and art in free circulation within
the Realm may be exported, imported, or transited across the frontiers
of the Lands or local communities. Exceptions to this may be made by
act of the Realm.
ARTICLE 83.
The authorities of the Realm shall administer all tariffs and all
indirect taxes.[31]
Where the authorities of the Realm administer national taxation,
provision shall be made preserving to the Lands their peculiar
interests in the sphere of agriculture, commerce, manufacture, and
industry.
ARTICLE 84.
The Realm shall, by legislation, regulate:--
(1) Financial administration within the Lands in so far as required in
the interests of the uniform execution of the national fiscal laws;
(2) The organisation and functions of the authorities entrusted with
the execution of the national fiscal laws;
(3) Accountancy between the Realm and the Lands;
(4) Re-imbursement of the costs of fiscal administration.
ARTICLE 85.
All income and expenditure of the Realm must be estimated yearly and
incorporated in the Budget.
The Budget shall be passed as an act before the opening of the
financial year.
Expenditure shall normally be voted for a year; in special cases it
may also be voted for a longer period. In general, no clause in the
Budget is admissible which extends beyond the financial year, or which
does not refer to income or expenditure of the Realm or to financial
administration.
The Reichstag may not increase items of expenditure proposed in the
Budget or insert new items of expenditure without the consent of the
Reichsrat.
Failing consent of the Reichsrat the provisions of Article 74 apply.
ARTICLE 86.
The Minister of Finance shall, with a view to discharging the
responsibility of the Government, submit to the Reichstag and to the
Reichsrat an account of all appropriations made out of the national
revenues in the year following that in which the appropriations have
been made. An act of the Realm shall provide further for the auditing
of such accounts.
ARTICLE 87.
Money may be raised by loan only for extraordinary expenditure and, as
a rule, only on account of expenditure for remunerative purposes.
Money may only be raised by loan or other liability assumed on behalf
of the Realm with the sanction of an act of the Realm.
ARTICLE 88.
Posts, telegraphs, and telephones are exclusively the affair of the
Realm. Stamps are uniform throughout the Realm.
The Government shall, with the consent of the Reichsrat, establish
regulations and rates for the use of communications. With the consent
of the Reichsrat it may delegate this power to the Minister of Posts.
The Government shall, with the consent of the Reichsrat, set up an
Advisory Committee for Posts, Telegraphs, Telephones, and their rates.
The Realm alone has power to contract with foreign States concerning
communications.[32]
ARTICLE 89.
The Realm shall acquire as its property all railways serving public
communication and administer them according to a uniform system.
The rights of the Lands to buy private railways shall be transferred
to the Realm on its demand.[33]
ARTICLE 90.
The Realm, in acquiring the railways, shall acquire all rights of
expropriation and all sovereign prerogatives in connection with the
railway system. In case of dispute the Supreme Court of Judicature
shall decide the extent of such rights.
ARTICLE 91.
The Government shall, with the consent of the Reichsrat, issue all
regulations concerning construction, management, and traffic of the
railways. With the consent of the Reichsrat it may delegate these
powers to the competent Minister.
ARTICLE 92.
The national railways shall be administered as an independent economic
concern though their Budget and their accounts shall be incorporated
in the national Budget and accounts; they shall be responsible for
their own expenditure, including interests on, and sinking-fund for,
their own debt, and they shall accumulate their own reserve-fund. A
special law shall regulate the extent of the sinking-fund and of the
reserve-fund, as well as the purposes to which the reserve-fund may
be put.
ARTICLE 93.
The Government shall, with the consent of the Reichsrat, set up
Advisory Committees for Railway Communication and Rates for the
national railways.
ARTICLE 94.
When the Realm has taken over the railways serving public
communication within a particular district, new railways serving
public communication may not be built within such district except by
the Realm or with the consent of the Realm. Should the building of new
lines, or the alteration of existing lines, touch on the province of
the police authorities of a Land, the railway administrative
authorities must consult the local authorities before deciding.
Where the Realm has not yet taken over the administration of the
railways, it may, by act of the Realm, build at its own cost, or
commission others to build, with the right of expropriation, such
railways as may be essential to public communication or national
defence notwithstanding that those Lands, through whose territories
such railways run, object; nevertheless, the sovereign prerogatives of
the Lands shall not hereby be affected.
Every railway must permit another railway to effect a junction with it
at the cost of the latter.
ARTICLE 95.
Railways serving purposes of public communication which are not
administered by the Realm are subject to the supervision of the
Realm.
Railways subject to the supervision of the Realm shall be constructed
and equipped on the same principles as those laid down by the Realm.
They must be maintained in good working order and must be extended to
meet traffic requirements. Passenger and goods traffic must be served
according to their requirements.
In regulating rates, the aim must be to maintain uniform and low
rates.
ARTICLE 96.
All railways, including those not serving purposes of public
communication, must accede to requirements of the Realm made in the
interests of national defence.
ARTICLE 97.
The Realm shall acquire as its property and administer the waterways
serving purposes of public communication.
When the Realm has taken over the waterways, new waterways serving the
purposes of public communication shall not be constructed or extended
except by the Realm or with its consent.
In administering, extending, or constructing waterways, the Realm
shall co-operate with the Lands to safeguard the requirements and
development of agriculture and of irrigation.
Every waterways administration must permit another inland waterways
system to effect a junction with it at the cost of the latter. The
same shall apply to the connections between waterways and railways.
In taking over the waterways the Realm acquires the right to
expropriate, to fix rates, and to administer the river police system.
The undertakings of the River Development Companies in regard to the
natural waterways of the Rhine, Weser, and Elbe shall be taken over by
the Realm.
ARTICLE 98.
The Government shall, with the consent of the Reichsrat set up
Advisory Committees to co-operate in the administration of waterways.
ARTICLE 99.
No dues may be levied over natural waterways except such as are
applied to construction, plant, or other works facilitating
communication. They must not exceed, in the case of State or municipal
construction, the costs incurred by building and upkeep. Costs
incurred by the building and upkeep of works which do not exclusively
facilitate communication but are also designed for other purposes, may
only be defrayed out of dues levied on shipping pro rata. Interest and
sinking-fund for the capital involved are reckoned as part of the cost
of construction.
This shall apply to dues levied on artificial waterways and on
constructions in connection with them or in harbours.
In the administration of inland canals shipping dues may be levied on
a basis of the total combined costs of a canal, a river, or of a whole
waterways system.
This shall also apply to floating of constructions on the navigable
waterways.
The Realm is alone entitled to levy heavier dues on foreign ships and
their freights than are levied on German ships and their freights.
The Realm is entitled, by legislation, to obtain contributions from
users of the waterways by other methods, in order to serve the upkeep
and extension of the German waterways system.
ARTICLE 100.
An act of the Realm may levy part of the cost of upkeep and
construction of inland waterways on any person benefiting, otherwise
than by navigation, from the construction of dams in cases where more
than one Federal State has participated in the costs of construction
or where such costs have been borne by the Realm.
ARTICLE 101.
The Realm shall acquire and administer all marine signals, in
particular beacons, light-ships, buoys, and land beacons. When the
Realm has taken these over, new marine signals shall not be
constructed or extended except by the Realm or with its consent.
SECTION VII
JUSTICE
ARTICLE 102.
Judges are independent and subject to the law only.
ARTICLE 103.
The normal judicature shall be exercised by the Court of the Realm and
the Courts of the Lands.
ARTICLE 104.
Judges of the normal judicature shall be appointed for life. They may
not be deposed from their office, either permanently or temporarily,
nor may they be transferred to another bench, nor may they be
pensioned off against their will, except in consequence of a judicial
decision, and then only for the reasons, and in the form, laid down by
law. Legislation may fix a retiring age, on reaching which judges must
accept a pension.
This clause shall not affect suspension from office carried out in
virtue of a legal enactment.
In the case of a redistribution of courts, or of circuits, the
judicial administrations of the Lands may compel judges to accept
transference to another bench, or pensions, but only with payment of
full salary. This does not apply to commercial judges, assessors, or
jurors.
ARTICLE 105.
Extraordinary courts are forbidden. Every person has the right to
demand that he be produced before the competent Court. Legal
enactments concerning military courts and courts-martial are not
hereby affected. Military courts of honour are abolished.
ARTICLE 106.
The military judicature shall be abolished except in time of war and
on board men of war. An act of the Realm shall make further provision.
ARTICLE 107.
Administrative courts both in the Realm and Lands shall be set up by
legislation for the protection of the individual against decrees and
ordinances of the administrative authorities.
ARTICLE 108.
An act of the Realm shall set up a Supreme Court for the German Realm.
GERMAN CONSTITUTION
SECOND CHAPTER
FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS[34]
SECTION I
THE INDIVIDUAL
ARTICLE 109.[35]
All Germans are equal before the law.
Men and women have, as citizens, fundamentally the same civil rights
and duties.
Public privileges or disadvantages arising out of birth or rank shall
be abolished. Titles of nobility count only as part of a name; they
may no longer be conferred.
Only such titles may be conferred as indicate an office or a
profession; academic rank is not hereby affected.
The State may confer no orders or insignia.
No German may accept titles or orders from a foreign State.[36]
ARTICLE 110.
Nationality of the Realm and of the Lands shall be acquired and lost
as may be regulated by act of the Realm. Every national of a Land is
at the same time a national of the Realm.
Every German has, in every Land, the same rights and duties as the
nationals of that Land.
ARTICLE 111.
All Germans have the right of free movement throughout the Realm.
Every German has the right of staying and of settling in any part of
the Realm he please; he has the right of acquiring property there and
of earning his livelihood. This may only be restricted by act of the
Realm.
ARTICLE 112.
Every German may emigrate to a foreign country. Emigration may only be
restricted by act of the Realm.
All nationals have the right to the protection of the Realm both
within and without the Realm, as against a foreign country.
No German may be handed over to a foreign Government for prosecution
or punishment.[37]
ARTICLE 113.
The foreign speaking parts of the Realm shall not be obstructed,
either legislatively or administratively, in the free development of
their ethnological characteristics, especially in the use of their
mother tongue in educational establishments, in internal
administration and in the administration of justice.
ARTICLE 114.
Liberty of the person is inviolable. Restrictions on, or deprivation
of, personal liberty may not be imposed by the public authorities
except in virtue of a law.
Persons who have been deprived of their liberty must be informed on
the following day at latest by what authority and on what grounds this
has been ordered; they must have immediate opportunity of lodging
objections against such deprivation of liberty.
ARTICLE 115.
Every German is master in his own dwelling, which is inviolable.
Exceptions are only admissible when the law so provides.
ARTICLE 116.
Acts are punishable only if they have been designated by law as
punishable before they were committed.
ARTICLE 117.
The secrecy of the post, telegraph, and telephone service is
inviolable. Exceptions are only admissible under act of the Realm.
ARTICLE 118.
Every German may express his opinion in speech, writing, print,
pictorially, or by any other means, within the limits imposed by the
law. He may not be obstructed in this right by any contract relating
to his work or his employment; no disadvantage may be imposed on him
by any person, should he make use of his right.
There is no censorship; nevertheless, restrictions may be laid down by
law with regard to cinemas. Moreover, legislative action is admissible
for the suppression of obscene or indecent literature, as well as for
the protection of young persons at public performances or
exhibitions.
SECTION II
THE COMMUNITY
ARTICLE 119.
Marriage, as being the basis of family life and of the maintenance and
growth of the nation, shall be under the special protection of the
constitution. It rests on the equality of the two sexes.
The State and the local authorities shall undertake to perfect, purify
and promote family life. Numerous families shall be protected
proportionately.
Motherhood can claim protection and provision by the State.
ARTICLE 120.
The education of their offspring in physical, spiritual, and social
efficiency is the supreme duty and natural right of the parents; the
social State supervises such activities.
ARTICLE 121.
Legislation shall provide for illegitimate children the same
opportunities for physical, spiritual, and social development as are
provided for legitimate children.
ARTICLE 122.
Young persons shall be protected against exploitation and against
moral, spiritual, and physical neglect. The necessary arrangements
shall be instituted by the State and municipalities.
Protective provisions of a compulsory character can only be imposed by
law.
ARTICLE 123.
All Germans are entitled to meet together, peaceably and unarmed,
without previous notice or special permission.
An act of the Realm may require notification of open-air meetings,
and, where there is direct danger to public security, may forbid them.
ARTICLE 124.
All Germans are entitled to form associations or unions for purposes
which are not in contravention of the penal law. This right may not be
restricted by preventive measures. The same holds good for religious
unions and associations.[38]
Every association may acquire corporate rights in accordance with the
provisions of the Civil Code. Corporate rights may not be refused to
any association on the ground that its aims are of a political,
social, political, or religious nature.
ARTICLE 125.
The liberty and secrecy of the ballot are guaranteed. An electoral law
shall make further provision.
ARTICLE 126.
Every German may address a written petition or complaint to the
competent authority or the people's representatives. This right may be
exercised both by the individual or by several persons in common.
ARTICLE 127.
Local authorities and associations of local authorities have the right
to administer their own affairs within the limits laid down by the
law.
ARTICLE 128.
All citizens without exception are eligible for public office as
provided by the law, and in proportion to their suitability and
services.
All exceptional measures against women officials are abolished.
An act of the Realm shall regulate the Civil Service.
ARTICLE 129.
Officials shall be appointed for life, except as may be otherwise
provided by law. Pensions and the pensions of dependants shall be
regulated by law. Rights duly acquired by officials are inviolable.
Officials may have legal remedy for recovering financial claims.
Officials shall not be dismissed, nor provisionally or permanently
pensioned, nor transferred to another office with less salary, except
under provisions and procedure established by law.
Every official penalty must be subject to appeal and revision.
Unfavourable entries may not be made in the personal record of any
official unless he has had opportunity to reply to them. Officials
have the right to examine their record.
The inviolability of duly acquired rights and the right to have
recourse to legal process for the recovery of financial claims are
especially guaranteed to professional soldiers. In all other respects
their position shall be regulated by an award of the Realm.
ARTICLE 130.
Officials are servants of the community, not of a party.
Freedom of political opinion and freedom of meeting shall be secured
to all officials.
Legislation of the Realm shall provide officials with special civil
service representation.
ARTICLE 131.
Should an official, in exercising his public authority, be guilty of a
breach of his official duty towards a third party, responsibility
therefor shall fundamentally attach to the State of the Body employing
such official. They may reserve the right of retributory action
against the official. Recourse to an ordinary court of law must not be
excluded.
The competent legislature shall provide for that.
ARTICLE 132.
Every German is bound to undertake honorary duties in accordance with
the law.
ARTICLE 133.
Every German is bound to give personal service on behalf of the State
or the local authority in accordance with the law.
Military service shall be as provided in the Law of National Defence
of the Realm. The same law shall determine how far any fundamental
citizen's rights shall be restricted for those on military service in
the interests of their duties and of discipline.
ARTICLE 134.
All citizens without exception shall contribute proportionately to
their means to all public burdens in accordance with the law.
SECTION III
RELIGION AND RELIGIOUS BODIES
ARTICLE 135.
All residents in the Realm enjoy entire freedom of faith and of
conscience. The undisturbed practice of religion is guaranteed by the
constitution and under the protection of the State. General
legislation shall not be affected thereby.
ARTICLE 136.
The free exercise of religious practices shall neither condition nor
limit the civil and constitutional rights and duties of citizens.
Enjoyment of civil and constitutional rights and entry into public
office are independent of religious faith.
No person is bound to publish his religious convictions. The public
authorities may not inquire into any person's membership of a
religious body except where rights and duties or a legally instituted
statistical census are involved.
No person may be forced to take part in any religious act or ceremony
or to be present at any religious service or to adopt any religious
form of oath.
ARTICLE 137.[39]
There is no State Church.
Freedom of association in religious bodies is guaranteed. No limits
shall be imposed on the formation of religious associations within the
Realm.
Every religious association shall order and administer its own affairs
independently, subject to general legislative limitations. Such
associations shall appoint to their offices without co-operation of
the State or the local authorities.
Religious associations acquire a juridic personality according to the
general regulations in the Civil Code.
Religious associations retain the status of public corporations if
they have previously enjoyed it. Other religious associations may
obtain it, on demand, should their constitution and their membership
guarantee their permanent character. Should several such public
corporate bodies join to form one federation, such federation is
itself a public corporate body.
Religious associations which are public corporate bodies may tax their
members on the basis of the rate assessments and subject to Land
legislation.
Associations whose aim is to promote the cult of a common view of life
shall be on a par with religious associations.
The Land Legislatures shall be responsible for any further regulation
of the application of these principles.
ARTICLE 138.
The Land Legislatures shall discharge any liabilities due to religious
bodies in virtue of a law, contract, or deed. The Realm shall lay down
general principles on this matter.
The property of religious bodies and religious associations shall be
guaranteed, as also their rights in respect of their institutions,
foundations, and other funds devoted to worship, education, and social
welfare.[40]
ARTICLE 139.
Sundays and feast days recognised by the State are maintained as
holidays and days of spiritual refreshment.
ARTICLE 140.
Men on military service must be granted sufficient free time to fulfil
their religious duties.
ARTICLE 141.
In so far as a need of religious services and of religious
ministration makes itself felt in the army, in hospitals, prisons, or
other public institutions, admission shall be accorded to religious
associations, but in this there shall be no compulsion.
SECTION IV
SCHOOLS AND EDUCATION
ARTICLE 142.
Art, knowledge, and their instruction are free. The State guarantees
to protect them and co-operates to promote them.
ARTICLE 143.
The education of youth is provided for in public institutions
established by the Realm, the Lands, and Local Authorities in
conjunction.
The training of teachers shall be uniformly regulated for the whole
Realm on the general lines laid down for higher education.
Teachers in public schools have the rights and duties of State
officials.
ARTICLE 144.
All education is under State supervision, in which the State may
associate the Local Authorities. Such supervision is exercised by
senior officials with special training.
ARTICLE 145.
Education is universally compulsory. It is effected in elementary
schools, with at least eight years' attendance, and in continuation
schools, up to the completed eighteenth year. Education and
educational apparatus in elementary and continuation schools are free
of charge.
ARTICLE 146.[41]
Public education shall be organically developed. The foundation
school, which shall be common to all, shall lead on to the secondary
and higher school system. This organisation shall keep in view the
variation of vocations; and admission to schools shall have in view
the capacities and inclinations of the child, and not the financial or
social position of its parents or their religious beliefs.
Nevertheless, on demand of the parents or guardians, elementary
schools for their particular religious faith or their particular views
shall be set up within a municipality, always provided that the
regular school programme in the sense of Clause 1 be not hereby
prejudiced. The wishes of parents and guardians shall be considered as
far as possible. The Land Legislatures shall provide further, subject
to the general principles of an act of the Realm.
Realm, Lands, and Local Authorities shall provide funds to enable
poorer members of the community to attend the secondary and higher
schools; in particular, they shall provide maintenance grants for the
parents of children who are deemed suitable to receive further
education in the secondary and higher schools for the period of such
education.
ARTICLE 147.
Private schools, in place of public schools, require the consent of
the State and must conform to Land law. The consent of the State must
be given if such private schools are not inferior to the public
schools in respect of their educational aims and arrangements, and in
respect of the professional standard of their teaching staffs, and if
no distinctions are made between scholar and scholar on account of the
financial position of their parents. Consent shall be refused if the
financial and legal position of the teaching staff be not sufficiently
secured.
Private elementary schools may only be set up if a minority of parents
or guardians, claiming consideration under Clause 2 of Article 146,
have no public elementary school for their faith or views, or if the
educational administrative authorities recognise that special
educational interests are involved.
Private preparatory schools are abolished.
The legal status of private schools which do not take the place of
public schools is unchanged.
ARTICLE 148.
All schools shall aim at inculcating moral character, a civic
conscience, personal and professional efficiency in the spirit of the
German national character and of international conciliation.
The teacher in public schools shall avoid offence to those of contrary
opinion.
Education in citizenship and technical instruction are part of the
curricula. Every scholar shall, on leaving school, receive a copy of
the constitution.
Realm, Lands, and Local Authorities shall promote popular and
university education.
ARTICLE 149.
Religious instruction is an ordinary part of the curriculum except in
the non-religious (secular) schools. It shall be regulated by the
legislation on education. Religious instruction shall be given in
harmony with the principles of the religious association concerned,
without prejudice to the control of the State.
The giving of religious instruction and the instituting of Church
ceremonies shall be dependent on consent of the teacher; the
acceptance of religious instruction and participation in Church
ceremonies and acts shall be dependent on consent of those persons
responsible for a child's religious education.
The theological faculties in the Universities shall be maintained.
ARTICLE 150.
Monuments of artistic, historic, natural, or picturesque interest
shall be under the protection and care of the State.
The Realm is responsible for preventing the export of German artistic
treasures to foreign countries.
SECTION V--THE ECONOMIC SYSTEM.[42]
ARTICLE 151.
The social economic system must conform to the principles of equity
with the special object of guaranteeing an honourable livelihood to
all. Within these limits economic freedom shall be secured to each
individual.
Legal compulsion is only admissible to maintain rights which have been
threatened or to secure an overwhelming public interest.
Freedom of trade and of manufacture shall be guaranteed by acts of the
Realm.
ARTICLE 152.
In commerce freedom of contract shall prevail subject to the law.
Usury is forbidden. Contracts contrary to public morality are null and
void.
ARTICLE 153.
Property is guaranteed by the constitution. Its rights and
responsibilities and restrictions are to be laid down by law.
Expropriation can only be undertaken in the common interest and in
virtue of a law. Adequate compensation shall be paid, unless otherwise
provided by act of the Realm. Any dispute as to the amount of
compensation shall be referred to the ordinary courts. Property of the
Lands, the local authorities, or public associations can only be
expropriated by the Realm against compensation. Property imposes
obligations. Its use by the owner must at the same time serve the
common good.
ARTICLE 154.
The right of inheritance shall be guaranteed in accordance with the
Civil Code. The laws shall determine the proportion of inherited
property accruing to the State.
ARTICLE 155.
Distribution and cultivation of the soil shall be supervised by the
State so as to ensure against abuses and to endeavour to secure
healthy housing for every German, and suitable homes for each German
family, especially those with many children, in which they can live
and work. In drawing up a housing code special consideration shall be
paid to the claims of those who have fought in the war.
Landed estate may be expropriated if it is required for housing, or
for a settlement or reclamation policy, or in the interests of
agriculture. Entails shall be abolished.
The owner of the soil is bound to cultivate and make use of his land,
in the common interest. Increment value due to no expenditure of work
or of capital shall be utilised for the common good.
All riches of the soil and all natural resources of economic use shall
be under the supervision of the State. Private royalties shall, by
law, be transferred to the State.
ARTICLE 156.
An act of the Realm may without prejudice to the payment of
compensation, and subject to the regulations concerning
expropriation, transfer to public ownership private businesses
suitable for socialisation. It may name itself, the Lands, or Local
Authority as partners in the administration of such business
undertakings or associations, or in any other way assure itself a
predominant influence therein.
The Realm may further legislate, in case of urgent necessity and in
the interest of the national economy, to oblige business undertakings
or associations to combine, on the basis of self administration, with
a view to securing the co-operation of all the productive forces of
the nation, to associating employers and employed in the
administration, and to regulating production, manufacture,
distribution, employment, prices, as also import and export of goods
on principles of public economy.
Distributive productive co-operative societies and their federations
may, on their own demand, and with due regard to their constitution
and character, be incorporated in the public economic system.
ARTICLE 157.
The labour forces of the nation are under the special protection of
the Realm. The Realm shall draw up a uniform labour code.
ARTICLE 158.
Intellectual work, the rights of discoverers, inventors, and artists,
shall be under the care and protection of the Realm.
International agreements shall secure validity and protection in
foreign countries for German intellectual, artistic, and technical
creations.
ARTICLE 159.
Freedom of association with the object of guaranteeing and improving
conditions of work and of employment shall be secured to all
individuals and all professions. All compacts or measures which seek
to limit or obstruct this freedom are illegal.
ARTICLE 160.
Any person occupying the position of employee or worker is entitled to
have such free time as is necessary to avail himself of his rights as
citizen, and, in so far as serious injury is not thereby done to his
employment, such free time as is necessary to discharge honorary
public offices conferred on him. His claims to compensation shall be
determined by legislation.
ARTICLE 161.
The Realm, with the controlling co-operation of insured persons, shall
create a comprehensive system of insurance for the maintenance of
health and efficiency, for the protection of motherhood, and for
provision against old age, infirmity, and change of circumstances.
ARTICLE 162.
The Realm shall support the principle of international regulation of
the legal rights of workers, with the object of securing a uniform
minimum of social rights to the working classes of mankind.
ARTICLE 163.
Every German is morally bound, without prejudice to his personal
liberty, to make such use of his intellectual and physical capacities
as shall be required by the common good.
Every German shall be given the possibility of earning his living by
economic labour. In so far as suitable employment cannot be found for
him, provision shall be made for his necessary maintenance. Acts of
the Realm shall make further provision.
ARTICLE 164.
Legislative and administrative measures shall be taken to encourage
the independent middle class in agriculture, industry, and commerce
and protect it against exploitation and extortion.
ARTICLE 165.
Workers and employees are called on to co-operate with the employers
on a basis of equality, in regulating wage and work conditions and in
furthering the general economic development of the forces of
production. The organisations of either side and their agreements
shall be recognised.
Workers and employees shall, for the prosecution of their social and
economic interests, receive legal representation in Works Councils,
and also in District Workers' Councils organised by economic spheres,
and in a Central Workers' Council.
District Workers' Councils and the Central Workers' Council shall be
combined with the employers' representatives and local representatives
in District Economic Councils and in a Central Economic Council, for the
execution of their economic functions and for joint enforcement of the
Socialisation Laws. District Economic Councils and the Central Economic
Council shall be so constituted as to include representatives of all
important professional groups in proportion to their economic and social
importance.
Bills on social and economic questions of fundamental importance must
be submitted by the Government of the Realm to the Central Economic
Council for consideration before being introduced. The Central
Economic Council is entitled itself to initiate such bills, and if the
Government of the Realm objects, it must, nevertheless, submit such
draft to the Reichstag with an explanation of its views. The Central
Economic Council may appoint one of its members to support the bill in
the Reichstag.
Functions of control and of administration may be transferred to
Workers' and Economic Councils within the spheres assigned to each.
The organisation and objects of the Workers' and Economic Councils,
and their relations to other social autonomous bodies, are exclusively
in the jurisdiction of the Realm.[43]
TEMPORARY CLAUSES AND FINAL CLAUSES.
ARTICLE 166.
Until the Supreme Administrative Court has been constituted, the
Supreme Court shall appoint to the Court of electoral revision.
ARTICLE 167.
The provisions of Clauses 3 to 6 of Article 18 shall only come into
force two years after proclamation of the constitution.
ARTICLE 168.
Until the act of the Realm referred to in Article 63 is promulgated,
but at most for one year, the Prussian votes in the Reichsrat may be
exercised by members of the Government.
ARTICLE 169.
The Government of the Realm shall determine at what date the
regulation laid down in Clause 1 of Article 83 shall come into force.
Collection and administration of customs and excise may, on their
demand, be left to the Lands for a reasonable transition period.
ARTICLE 170.
The postal and telegraph departments of Bavaria and Wuertemberg shall
be transferred to the Realm at latest on April 1st, 1921.
In so far as agreement concerning the terms of the transfer has not
been reached by October 1st, 1920, the Supreme Court of Judicature
shall decide.
Existing rights and responsibilities of Bavaria and Wuertemberg shall
remain in force until the transfer. Nevertheless, postal and
telegraphic communication with foreign countries shall be exclusively
regulated by the Realm.
ARTICLE 171.
State railways, waterways, and marine lights shall be transferred to
the Realm at latest on April 1st, 1921.
In so far as agreement concerning the terms of transfer has not been
reached by October 1st, 1920, the Supreme Court of Judicature shall
decide.
ARTICLE 172.
Until the law constituting a Supreme Court of Judicature comes into
force its functions shall be carried out by a Senate of seven members,
of whom four shall be chosen from among their own members by the
Reichstag and three by the Supreme Court. It shall regulate its own
procedure.
ARTICLE 173.
Until promulgation of the act of the Realm referred to in Article 138,
existing grants of the State to the religious associations in virtue
of laws, contracts, or deeds shall continue.
ARTICLE 174.
Until the act of the Realm above referred to in Clause 2 of Article
146 is promulgated, previous legislation shall remain in force. The
act shall pay special regard to those districts where a school which
makes no religious distinction is established by law.
ARTICLE 175.
The provisions of Article 109 do not affect orders and insignia
bestowed for service during the years 1914-1919.
ARTICLE 176.
All public officials and those on military service must take the oath
to this constitution. The President of the Realm shall make further
provision.
ARTICLE 177.
Where the existing law prescribes the formula of oath in a religious
form, an individual may also be legally sworn so as to omit the
religious form by saying the words: I swear. In all other respects the
legal oath remains unaffected.
ARTICLE 178.
The constitution of the German Realm, dated April 16th, 1871, and the
act for the Provisional Government, dated February 10th, 1919, are
repealed.
The remaining laws and ordinances of the Realm remain in force, in so
far as consonant with this constitution. The conditions of the Peace
Treaty signed at Versailles on June 28th, 1919, are not affected by
this constitution.
Orders legally issued by the public authorities in virtue of
previously existing laws remain valid until replaced by further orders
or legislation.
ARTICLE 179.
In so far as reference is made in laws or ordinances to regulations or
institutions abolished by this constitution, there shall be
substituted therefor the corresponding regulations or institutions of
this constitution. In particular the Reichstag shall be substituted
for the National Assembly, the Reichsrat for the States' Committee,
and for the President of the Realm, elected under the act for the
Provisional Government, a President of the Realm elected in virtue of
this Constitution.
The function of issuing ordinances pertaining to the States' Committee
in virtue of previous regulations shall pass to the Government of the
Realm; in issuing ordinances the Government of the Realm shall require
the consent of the Reichsrat as laid down in this constitution.
ARTICLE 180.
Until the first Reichstag, the National Assembly shall count as
Reichstag.[44] Until the first President of the Realm shall enter upon
office, his functions shall be carried out by the President elected
under the act for the Provisional Government.
ARTICLE 181.
The German nation has pronounced upon and passed this constitution
through its National Assembly. It comes into force on the day of its
proclamation.
(Signed) PRESIDENT EBERT.
Ministers ERZBERGER, MULLER, DAVID NOSKE,
SCHMIDT, SCHLICKE, GIESBERTS, MAYER, BELL.
_Schwarzburg, 11th August, 1919._
NOTES.
[1] ART. 1.--The whole character of this Constitution is contained in
this provision that the "Reich" is a republic. It was introduced in
order to convey that new Germany, while retaining the ancient title and
tradition of "Reich," had given it a new significance, and that thereby
no concession was intended either to Monarchists or Imperialists or
Militarists.
Therefore "Reich" is not to be translated Empire. Commonwealth would
perhaps be the best rendering, but Realm will be used here as more
convenient.
[2] This clause is of crucial importance. Henceforward all sovereignty
is of the German people and not of the princes or principalities. The
German Bund of 1815 was a mere confederation between sovereigns or
Staaten Bund. The North German Bund of 1866 was a federation of
semi-sovereigns, or Bundes Staat. The present German Republic is still a
Federal State, but sovereignty is inherent in the people, not in the
constituent governments.
[3] ART. 2.--The transformation of this Constitution from a centralised
republic into a confederation and back to a federation has been reviewed
already. The word "lander" is literally translated for this and other
reasons.
[4] ART. 3.--"Whether these colours black-red-gold, are really the
colours of the ancient Reich, which historians dispute, or are those of
the Lutzow Free Company, we look rather to the political ideals and aims
associated with them during the nineteenth century. It was the idea of
political freedom and of national unity that kept the black-red-gold, an
honoured symbol in German Austria long after the black-white-red had
flown over the German Empire. As the historian Constantine Franz has
said, in mediaeval times there was an Austro-Germany, in modern times a
Prusso-Germany, and now there must be a German Germany."--Dr. Preuss,
introductory speech, 24th February, 1919.
The clause as it stands is a compromise between the "Right," who wished
to retain the black, white, and red, and the "Left," who wanted the red
flag. A compromise in which the Right have as elsewhere had the best of
it--as the red flag is not allowed.
[5] ART. 4.--"German Democracy can only welcome a League of Nations that
has itself a really democratic constitution and that recognises without
reserve or restriction the liberty and equality of all its members. We
shall have no members of inferior status in our commonwealth, but
neither will we be of inferior status in the League of Nations."--Dr.
Preuss, speech introducing the Draft Constitution, February, 1919. The
phases of this clause have been reviewed above, see p. 236.
[6] ART. 6.--See Art. 78 as to the rights in foreign relations retained
by the Lands.
[7] See Art. 80.
[8] This simple attribution of military matters to the Reich replaces
the complicated recognitions of the "reserved rights" of the southern
States in the early drafts. See p. 257 for the importance of this
clause.
[9] The first draft gave the Reich exclusive jurisdiction over railways,
canals, and air traffic, which it now shares with the Lands.--See Art.
7, Sec. 19.
[10] ART. 7.--This, with Sec. 12, represents a gain to Socialism, as the
transfer of "Socialisation" to the Reich prevents indefinite obstruction
by a Conservative Landtag. See Art. 153.
[11] See Art. 171.
[12] ART. 8.--See Art. 85 for rights retained by a Landtag; also p. 254
for the general effect of this provision.
[13] ART. 10.--The earlier drafts formulated such principles as an
integral part of the Constitution.
[14] ART. 17.--What a "free State" Constitution means was not defined by
the authors of the Constitution. Its opponents argued that it might
admit of a monarchist restoration in Prussia, but this has since been
barred constitutionally by the provision that the Reich is a Republic
(Art. 1).
[15] The first draft established a single chamber legislation in the
Lands.
[16] This sentence was added apparently to bar the setting up of further
unparliamentary Raete republics in opposition to the Chambers, as in
Bavaria, Brunswick, etc.
[17] This residential qualification was added to meet objections that
otherwise Landtag elections might be influenced by an influx of outside
voters.
[18] ART. 18.--This, the most contentious article in the Constitution,
embodies the concessions made by the centralising purists--its
authors--to the federalising particularists--its critics. The history of
its phases has been given above, see p. 243. Its form in the first draft
follows:--
"It is open to the German people to establish new Free States within the
Realm, irrespective of the previous frontiers, in so far as the racial
character of the population, economic conditions, and historical
traditions favour their formation. Such new Free States should have at
least two million inhabitants.
"The union of two or more constituent States into a new Free State is
effected by governmental convention between them, subject to the
approval of the Legislatures and the Government of the Realm.
"If the population of a district wish to secede from their allegiance
and join one or more German Free States, or form a Free State, a
plebiscite is necessary. The plebiscite will be initiated by the
Government of the Land or of one or more autonomous bodies comprising at
least a quarter of the population concerned. It will be instituted by
the Government of the Realm and enforced by the local authority."
The general effect of the Constitution combined with present political
conditions is that there will be no change of any importance in the
composition of the countries constituting the Realm. See also Art. 167
suspending operation of pars. 3 to 6 of this article for two years.
[19] ART. 20.--In the first draft the Sovereign Reichstag consisted,
not, as here, of the popular Chamber only, but of the Volkshaus--the
popular Chamber, and the Staatenhaus--the representatives of the States.
The latter, now known as the Reichsrat (see Art. 60), is no longer part
of the sovereign body and has merely a suspensory veto against it (see
Art. 74).
[20] ART. 25.--The President's power of dissolution was unrestricted in
the early drafts.
[21] ART. 34.--This article, a late addition, constitutionalises a
procedure that strengthens democracy as against bureaucracy.
[22] ART. 35.--The institution of a permanent Committee on Foreign
Affairs for which our advocates of democratic diplomacy have laboured in
vain for twenty years has been commented on above, see p. 253.
[23] ART. 48.--It was in virtue of the article corresponding to this in
the provisional constitution that Berlin attacked and suppressed the
Council Governments set up in Munich, Brunswick, Bremen, and elsewhere.
[24] Art. 55.--The Chancellor is consequently no longer the sole
responsible Minister, but merely as elsewhere in democratic
constitutions _primus inter pares_, the Premier. Moreover, he has, of
course, lost his special authority from the Crown and his special
association with Prussia. It would have been better in the circumstances
to have dropped the title of Chancellor.
[25] Art. 60.--The Reichsrat is the much reduced remains of the
Bundesrat. (See p. 252 and Arts. 1 and 20.)
[26] Art. 61.--For the importance of this restriction in respect of
Prussia, see p. 251.
[27] This clause as to German Austria was objected to by the Supreme
Council at Paris as contrary to Art. 80 of the Treaty of Versailles:
"Germany acknowledges and will respect strictly the independence of
Austria.... She agrees that this independence shall be inalienable
except with the consent of the Council of the League of Nations." The
exchange of notes on the subject is not worth appending, as it expresses
an ephemeral phase of diplomacy and not any essential principle of
international law. In so far as the German Constitution is concerned,
the objection seems unimportant in view of Art. 178, par. 2.
[28] Art. 63.--A compromise between the former Bundesrat, where the
delegates were plenipotentiaries representing semi-sovereign States, and
the centralising draft of Preuss, where they were no more than
politicians chosen on party, not on particularist, grounds.
[29] Art. 71.--A curious little example of provincial jealousy, which
substituted "capital" for "Berlin."
[30] Art. 76.--"It is an essential of democratic constitutions that they
be difficult of amendment" (Preuss). On the other hand, such
difficulties have their danger, as in 1851, when Louis Napoleon obtained
a simple majority but not a two-thirds majority for an amendment; which
led eventually to a _coup d'etat_ and a complete overthrow of the
Constitution.
[31] See Art. 169.
[32] See Art. 170.
[33] See Art. 171.
[34] These principles were formerly mostly provided for in the German
Code; though some, and they the most important, were previously only
guaranteed by State Law.
[35] See Art. 175.
[36] Art. 109.--Equality of the sexes and abolition of titles, is of
course, an innovation.
[37] Art. 112.--This has no effect as against demands for extradition
made under the Treaty of Versailles, in view of Art. 178, Sec. 3.
[38] Art. 124.--This repeals a provision of the Prussian Constitution
that religious associations can only be incorporated by special
legislation.
[39] Art. 137.--This article is a much-contested compromise in which the
Socialists have secured in the end a striking success over the Roman
Catholic Centrum and Right. The latter entered the fight with the full
intention of maintaining State Churches everywhere. Probably the
set-back suffered in the South from the Communist capture of Munich
reconciled them to disestablishment without disendowment. That par. 7
would give "Bolshevism" a claim to equal treatment with Protestantism is
not of immediate importance.
[40] See Art. 173.
[41] Art. 146.--The separation of church and school effected in this and
preceding articles was bitterly opposed by the Roman Catholics. Defeated
in this article, they secured a respite in Art. 174 which postpones its
application until further legislation. See Art. 174.
[42] This chapter breaks new ground, as might be inferred from the
abstract character of its provisions and constant reference to special
legislation.
[43] Art. 165.--An Act regulating these councils has already been
introduced (Aug., 1919). For the importance of this article, see above,
pp. 69, 172, 184.
[44] On the strength of this clause the Government have transformed the
National or Constituent Assembly into a Reichstag, without the election
certainly contemplated when it was first convoked.
INDEX
INDEX
A
Adlon-Hotel, demonstrations, 208
Advertisements, as documents, 56, 79, 131
Aeroplanes, German, 91
Alsace-Lorraine, cession, 46, 150, 202, 215, 220, 223
Anhalt, 250
Army, v. Frei-Corps, Prussia, Constitution
"Atrocities," v. Lichtenberg, Munich, Halle
Augsburg, fighting, 143
Austria, German, union, 108, 217 _et seq._ 323
---- and Council movement, 174
---- and Treaty, 213, 221
Author, personal experiences v. Berlin, Halle, Munich, Brunswick,
Augsburg, Bamberg, etc.
B
Bamberg, temporary Bavarian Capital, 109, 113
---- visit to, 145 (v. Hoffmann, Munich)
Bauer, minister, 33;
premier, 211
Berlin, visit to, 2;
appearance, 41, 48, 62, 73;
strike, 68;
fighting, 51, 63, 64, 71 _et seq._
Berlin and Brunswick, 97 _et seq._
---- and Munich, 107 _et seq._
Bernstein, speech, 45
Bethmann-Hollweg, reference, 237
Bismarck, references, 237, 246
Blockade, effect, 121 _et seq._;
breaches, 134, 151
Bohemia, German, 222, 223
---- coal, 145
Bolshevism, Berlin, 60, 78, 82;
Brunswick, 93;
Munich, 109, 113;
failure, 22, 114;
peace, 213, 224, 227, v. Sovietism
Bombardment, Berlin, 72, 79
Bread, quality, 128
Breitscheidt, politician, 169, 208
Bremen, fighting, 81;
and Hamburg, 250
Brentano, reference, 169
Brockdorff-Rantzau, personality, 29, 32
Brunswick, fighting, 92 _et seq._;
and Anhalt, 250
Bryce, Lord, reference, 2
Bujakowski, demagogue, 7
Butter, price of, 132
C
Catholic, v. Centrum, Clericals, Southern States
Cavell, Miss, 203, 214
Central Council, origin, 15;
abdication, 23, 169, (v. Council movement)
Centrum, party, elections, 22;
policy, 34, 69, 96, 166, 173, 206 (v. Clericals)
Chancellor, powers, 253, 323
Children, starvation, 122
Circus Busche, scene in, 44
Clemenceau, reference, 230
Clericals, and French, 24;
education, 257
Coal, production, 154, 215;
nationalisation, 158
Coalition Government, 33 (v. Centrum, Scheidemann)
Coburg, 250
Commissioners, Peoples, 13, 160, 262
Communal Councils, 166
Communist party, 51, 53, 55, 68, 173
---- ---- at Munich, 107 _et seq._, 219
---- ---- at Brunswick, 99, 104
Congress of Councils, 17, 160, 173 _et seq._
Constituent Assembly, v. National Assembly
Constitution, new, 32, 243 _et seq._, 267;
for text, v. Appendix.
Cotton production, 135
Council movement, nature, 66, 166, 186, 191;
failure, 13, 14, 181;
necessity, 153, 225;
history, 164, 166, 174;
and Constitution, 172, 184, 243, 247, 325;
and Entente, 186;
and League of Nations, 239
D
_Daily News_, articles, 1, 2
Danzig, cession, 212, 213
Dauemig, labour leader, 51, 169
Debt, German, 149, 151, 152
Dolbrueck, Conservative leader, 246
Democrats, party, elections, 22;
policy, 34, 163;
in Councils, 51, 54;
at Halle, 84;
and Treaty, 205
Diplomacy, failure, 3, 228, 241
Duke William of Brunswick, 96
E
East Prussia, severance, 212
Ebert, President, policy, 18;
personality, 31
Eden Hotel, influence, 78, 258;
interview, 99
Education, constitutional provisions, 256, 324
Eichhorn, revolutionary, 19
Eight-hour day, 65, 165
Eisner, Bavarian premier, 111, 246
Election, National Assembly, 21, 196, 244
Erfurt, proclamation, 243
Erzberger, Centrum leader, policy, 47, 210;
personality, 44, 147, 148
Executive Council, Berlin, 51, 68, 170, 183
F
Finance, German, 137, 147, 220;
in constitution, 254
Flag, German, 321
Food, scarcity, 71, 100, 122 _et seq._, 133;
importation, 28, 82, 131;
production, 130, 138;
organisation, 131
Foreign Affairs, Committee and Control, 254
---- ---- of Federal States, 321
Frankfort Assembly, 36
Frei-Corps, 22, 54, 67, 70, 92, 98, 257;
recruiting, 56, 59;
fighting, 73 _et seq._, 83;
character, 74, 76, 78, 80, 167, 209;
expenses, 148, 155;
peace treaty, 210, 225
G
Germans, political incapacity, 66, 133, 181, 200, 208, 209
Germany, collapse, 120, 138, 147;
ignorance of, 67, 198
Gerstenberg, General, 82
Gotha, 250
Guild Socialism, 93, 191, 238
H
Haase, policy, 18, 169
Halle, fighting, 82;
personal experiences, 40, 84;
"atrocities," 90;
council conference, 185
Hamburg, 250
Hartmann, Austrian envoy, 47,;
interview, 222
Hoffmann, Bavarian premier, 113, 118;
interview, 118
I
Independents, 12, 16, 17, 31;
club, 54;
foreign policy, 18, 203;
policy, 169, 173, 177;
failure, 21, 69, 169;
Berlin, 68;
Halle, 8, 88, 185;
Brunswick, 94, 97;
Munich, 111;
and Treaty, 203, 207, 209, 216
Industry, German, 128 _et seq._;
and Treaty, 214
International Council, 239
Internationalism, 43, 207;
and Treaty, 226, 234
Ireland and League, 233
J
Joffe, Bolshevist agent, 90
Junkers, 10, 253;
example, 57;
in industry, 160;
in land, 216
K
Kaiser, 9, 214
Kaiserism, 5, 9, 13, 48, 58, 253;
in elections, 22
Kaiserschloss, sack, 5
Kautsky, politician, 18
Koenen, Halle Independent, 29, 88
Kohn, Independent leader, 169
L
Labour, 65, 165;
international 239
Land socialisation, 161
Landsberg, Coalition minister, personality, 32, 97, 206;
Polish policy, 17;
Brunswick, 97;
Berlin, 19, 181;
peace, 210
League of Nations, 35, 227, 230, 233, 261, 321
Ledebour, Independent leader, 169, 176
Legien, Majoritarian, 165, 169
Leipzig, 119
Levien, Communist, character, 110, 114;
policy, 111;
fate, 118, 144
Levine, do., do.
Liberalism, German, failure, 36, 38, 63, 66, 248;
peace, 214
Lichtenberg, fighting, 53, 75 _et seq._;
"atrocities," 52, 77
Liebknecht, revolutionary, 7, 18;
policy, 38;
death, 20
Lloyd George, 230
Locomotives, surrender, 138
Ludendorff, General, 48
Luxemburg, Rosa, policy, 38;
death, 20
M
Maerker, General, Weimar, 64, 83;
Halle, 85 _et seq._;
Brunswick, 101 _et seq._
Magdeburg, 97, 102
Majority Socialists, origin, 16, 17;
policy, 22, 51, 65, 168, 175;
foreign policy, 18;
peace, 203, 207 (v. Halle, Brunswick, Munich, etc.)
Marine Division, 39, 81, 165;
Berlin, 19, 70;
Halle, 86;
Brunswick, 93, 105
Marriage, Constitutional provisions, 255
Max von Baden, Government, 12, 16
Merges, revolutionary, 29, 95, 106
Monarchists, 9, 48, 231, 322
Mueller, Richard, revolutionary, 51, 169, 184
Munich, fighting, 64, 107 _et seq._, 176;
"atrocities," 115;
journey to, 144
N
National Assembly, 30, 245, 260, 267 (v. Weimar)
Nationalism, 42, 208;
peace, 211, 217, 223, 237
Naumann, democratic leader, 34
Noske, 19, 74, 78, 181, 258;
personality, 33;
interview, 84
P
Pabst, Captain, 80, 99
Paris Conference, 43 (v. Treaty of Versailles)
Passes, game of, 73, 101
Paulskirche Assembly, 246
Pauncefote, Lord, reference, 2
Poles, dispute, 17, 23, 24, 56, 212, 223
Population, decrease, 125, 150, 226
President, powers, 253 (v. Ebert)
Press misrepresentations, 4, 5, 67, 208
Preuss, Minister,; personality, 32;
views, 40;
Constitution, 243, 245, 249, 250, 258, 263
Proportional representation, 21
Prussia, sentiment, 24, 108, 219, 250;
partition, 249, 250, 251;
hegemony, 248, 251, 255, 257
Prussianism, fall, 10, 253, 259;
guarantees, 218, 223;
revival, 160, 252
Pyrmont, 250
R
Railways, German, 84, 138, 147;
"underground", 102;
collapse, 139;
central, 255
Red Guard, Berlin, 78, 167;
Munich, 117, 140
Reich, 23, 320
Reichsrat, 247
Reichstag, 247, 252, 323
Reparation Commission, 152, 215
Republic, 260, 320
Reuss, Prince, 106
Revolution, German, meaning, 3, 5, 10;
history, 12 _et seq._, 20, 38, 63, 80, 83, 166, 204, 247, 250;
failure, 15, 66, 168, 185, 243;
peace, 211;
Constitution, 244, 258 (v. Independents, Communists)
Revolutionary Corps, character, 67, 70 (v. Marine Division)
Rhodes scholars, 55
Richthofen, nationalist, speech, 48
Russian revolution, 19, 82, 161, 243;
and British, 199, 216
S
Saar, cession, 150, 215, 223
Saxony, revolution, 64, 82, 93, 97
Scheidemann, premier, personality, 27, 29, 31, 181;
government, 12, 16, 24, 33, 64;
policy, 19, 34, 35, 64, 108, 174
Schuecking, Professor, 47
Secret treaties, 232
Silesia, cession, 215
"Sneak trade," 132
Social Democrats, v. Majoritarians
Socialisation, Commission, 23, 159;
interview, 155;
policy 65, 101, 188, 153;
acts, 156, 162;
Constitution, 256, 321 (v. Land)
Soldiers' Councils, 15, 39, 88, 165, 167, 190
Southern States, 24, 32, 96, 108, 219, 243, 245, 247, 251, 258, 322;
finance, 254;
foreign affairs, 321;
army, 257
Spartacists, ideals, 18, 58;
fighting, 12, 19, 72 _et seq._
Stampfer, editor _Vorwaerts_, _q.v._
Strikes, origin, 67;
effect, 170;
statistics, 154
Students, 59
T
Taxes, 149
Trade, 135, 151, 215
Treaty of Versailles, 43, 150, 201 _et seq._, 209;
economic effect, 134, 137, 151, 214, 215, 226;
extraditions, 213, 324;
signature, 205, 207;
Conservatives, 211;
Liberals, 214;
Labour, 216
Turkey, reference, 29
Tyrol, cession, 223
U
Unemployment benefit, 159;
Council, 190
V
Vienna, 221
_Vorwaerts_, 19, 64, 206, 240
W
Waldeck, 250
Washington Conference, 240 (v. Wilson)
Weimar, Assembly, 23, 267;
failure, 36, 40, 63, 65, 82, 83, 164, 182, 195;
peace, 207, 210;
Court, 26;
theatre, 28, 84
West Prussia, cession, 212
"Whitley Councils," 65, 165, 172, 187, 193
Wilson, "points," 47, 55, 232;
failure, 229, 230, 237
Wissal, Minister, 33
Wittelsbach Palais, 109
Wolff, Theodore, 205
Wuertemberg, fighting, 107 _et seq._, 143
PRINTED IN GREAT BRITAIN BY
RICHARD CLAY AND SONS, LIMITED,
BRUNSWICK STREET, STAMFORD STREET, S.E. 1,
AND BUNGAY, SUFFOLK.
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