[77]The United States Supreme Court has decided that the constitutional requirement of a vote of "two-thirds of both houses" (art. v) for amendments does not mean two-thirds of both houses, but merely two-thirds of a quorum of both houses. It has further decided that the people of the various states have no right to vote directly upon constitutional amendments; they are confined to indirect representation through their legislatures.
[77]The United States Supreme Court has decided that the constitutional requirement of a vote of "two-thirds of both houses" (art. v) for amendments does not mean two-thirds of both houses, but merely two-thirds of a quorum of both houses. It has further decided that the people of the various states have no right to vote directly upon constitutional amendments; they are confined to indirect representation through their legislatures.
[77]The United States Supreme Court has decided that the constitutional requirement of a vote of "two-thirds of both houses" (art. v) for amendments does not mean two-thirds of both houses, but merely two-thirds of a quorum of both houses. It has further decided that the people of the various states have no right to vote directly upon constitutional amendments; they are confined to indirect representation through their legislatures.
[78]Every European people regards its constitution merely as a fundamental law, and ascribes no sacrosanct character to it. Hence the departure from the American requirement of an affirmative vote of three-fourths of the states. On the other hand, the framers of the Weimar constitution, by providing for a direct vote of the people, rendered it impossible for an aggressive and unscrupulous minority to force through an amendment against the wishes of a majority of the people.
[78]Every European people regards its constitution merely as a fundamental law, and ascribes no sacrosanct character to it. Hence the departure from the American requirement of an affirmative vote of three-fourths of the states. On the other hand, the framers of the Weimar constitution, by providing for a direct vote of the people, rendered it impossible for an aggressive and unscrupulous minority to force through an amendment against the wishes of a majority of the people.
[78]Every European people regards its constitution merely as a fundamental law, and ascribes no sacrosanct character to it. Hence the departure from the American requirement of an affirmative vote of three-fourths of the states. On the other hand, the framers of the Weimar constitution, by providing for a direct vote of the people, rendered it impossible for an aggressive and unscrupulous minority to force through an amendment against the wishes of a majority of the people.
[79]The question of the return of the monarchy in some form is and will be for some years chiefly of academic interest, but it will be noted that, from a purely juristic viewpoint, a monarchy can be re-established at any time by a bare majority of all German men and women twenty years of age or over, and that one-tenth of the voters, or somewhat less than four millions, could at any time force a vote on the question.
[79]The question of the return of the monarchy in some form is and will be for some years chiefly of academic interest, but it will be noted that, from a purely juristic viewpoint, a monarchy can be re-established at any time by a bare majority of all German men and women twenty years of age or over, and that one-tenth of the voters, or somewhat less than four millions, could at any time force a vote on the question.
[79]The question of the return of the monarchy in some form is and will be for some years chiefly of academic interest, but it will be noted that, from a purely juristic viewpoint, a monarchy can be re-established at any time by a bare majority of all German men and women twenty years of age or over, and that one-tenth of the voters, or somewhat less than four millions, could at any time force a vote on the question.
Seven articles deal with the judicial department of the government. They make no important changes from the old constitution, except that courts-martial are forbidden except in time of war or aboard warships. An attempt by the parties of the Left to do away with state courts and place the dispensing of justice solely in the hands of the federal courts failed.
The second "main division" of the constitution deals with the "fundamental rights and fundamental duties of theGermans." Excluding fifteen "transitional and concluding decrees," the constitution contains 165 articles. No less than 56 of these, or more than one-third, are devoted to sections bearing the following titles:
The individual; social life; religion and religious societies; education and school; economic life.
The individual; social life; religion and religious societies; education and school; economic life.
The first ten articles, dealing with the individual, begin by declaring the equality of all Germans before the law. All titles of nobility are abolished, but they may be borne hereafter as parts of a name. Orders and decorations may not be conferred by the state, and "no German may accept titles or orders from a foreign government."[80]That part of the Bill of Rights contained in amendments i, iv, vi, and xiv of the American constitution is taken over in effect, but with much enlargement of the rights of the individual. Thus, to the provision for freedom of speech and the press is added the declaration that "no employment or salaried relation shall deprive any person of this right, and no person may prejudice him for making use of this right." Later, in the articles dealing with economic life, it is further provided:
"Freedom to associate for the protection and furthering of labor and economic conditions is guaranteed to every person and for all callings. All agreements and measures which endeavor to restrict or prevent the exercise of this freedom are illegal.[81]
"Freedom to associate for the protection and furthering of labor and economic conditions is guaranteed to every person and for all callings. All agreements and measures which endeavor to restrict or prevent the exercise of this freedom are illegal.[81]
[80]This goes even farther than the American constitution, which provides merely that "no person holding any office of profit or trust" under the federal government shall, without the consent of Congress, accept any present or title from a foreign power. (Art. I, sect. 9, par. 8.)
[80]This goes even farther than the American constitution, which provides merely that "no person holding any office of profit or trust" under the federal government shall, without the consent of Congress, accept any present or title from a foreign power. (Art. I, sect. 9, par. 8.)
[80]This goes even farther than the American constitution, which provides merely that "no person holding any office of profit or trust" under the federal government shall, without the consent of Congress, accept any present or title from a foreign power. (Art. I, sect. 9, par. 8.)
[81]Under this provision workmen cannot be required to sign contracts binding them not to join labor-unions, nor can employers contract with each other not to hire members of such unions.
[81]Under this provision workmen cannot be required to sign contracts binding them not to join labor-unions, nor can employers contract with each other not to hire members of such unions.
[81]Under this provision workmen cannot be required to sign contracts binding them not to join labor-unions, nor can employers contract with each other not to hire members of such unions.
A right to the protection of the Reich as against foreign countries is expressly granted "to all nationals of the Reich both within and without the territory of the Reich."[82]Nor may any German be delivered up to a foreign nation for prosecution or punishment. It is expressly provided that men and women "have, in principle, the same rights and duties."The right to assemble peaceably without previous notification or permission is granted—a flat contrast to the situation under the monarchy—but the Reichstag is empowered to enact a law requiring previous notification of such assemblages if they are to be held outdoors, and may prohibit them in case the public safety be threatened.
[82]This, too, is a departure from the American model. An American citizen has no constitutional right to the protection of his government while he is without the country.
[82]This, too, is a departure from the American model. An American citizen has no constitutional right to the protection of his government while he is without the country.
[82]This, too, is a departure from the American model. An American citizen has no constitutional right to the protection of his government while he is without the country.
Up to this point the Weimar constitution does not present any marked evidence of the circumstances under which it came into being. In comparison with the imperial constitution it may fairly be regarded as revolutionary, but considered by itself it is merely an advancedly democratic instrument with provisions insuring thoroughly parliamentary government in the best sense of the word. It is not until one reaches the articles dealing with social and economic life, the church and the school that the traces of Socialist influence become unmistakable. There, however, they are found on every page, beginning with the declaration that "motherhood has a right to the protection and care of the state," followed by an article providing that "illegitimate children are to be granted by legislation the same conditions for their bodily, mental and social development as are granted to legitimate children."
Essentially, of course, neither provision is especially Socialistic, but both really represent a compromise with the parties of the Left. The Majority Socialists tried to have an article inserted giving to illegitimate children full rights of inheritance with legitimate children of their father's estate, and the right to bear his name. The motion was defeated, 167 to 129 votes. The Independent Socialists wanted a provision protecting women civil servants who become mothers of illegitimate children, and granting them the right to be addressed asFrau(Mrs.) instead ofFräulein(Miss). This, too, was defeated.
Other articles due to Socialist advocacy, some of a principal nature, others merely doctrinaire, are:
Providing that legal rights may not be refused to any association because it has a political, politico-social or religious aim;Providing that "no person is obliged to state his religious belief";Disestablishing the state church;Providing for secular (non-religious) schools, freeing teachers from the duty to give religious instruction, and permitting parents or guardians to free their children from religious instruction;Providing that "the cultivation and use of land is a duty which the owner owes to the community.[83]Increase in value of the land which is not due to labor or the investment of capital in it is to be utilized for the good of the people";
Providing that legal rights may not be refused to any association because it has a political, politico-social or religious aim;
Providing that "no person is obliged to state his religious belief";
Disestablishing the state church;
Providing for secular (non-religious) schools, freeing teachers from the duty to give religious instruction, and permitting parents or guardians to free their children from religious instruction;
Providing that "the cultivation and use of land is a duty which the owner owes to the community.[83]Increase in value of the land which is not due to labor or the investment of capital in it is to be utilized for the good of the people";
[83]This is an interesting novelty as to real estate, but the principle is by no means new, being well established in patent law. Failure to exploit a patent right may lead to its loss.
[83]This is an interesting novelty as to real estate, but the principle is by no means new, being well established in patent law. Failure to exploit a patent right may lead to its loss.
[83]This is an interesting novelty as to real estate, but the principle is by no means new, being well established in patent law. Failure to exploit a patent right may lead to its loss.
"Property imposes obligations. Its enjoyment shall be at the same time a service for the common weal";Directing the dissolution of entailed estates;Declaring that civil servants "are servants of the whole people, not of a party."
"Property imposes obligations. Its enjoyment shall be at the same time a service for the common weal";
Directing the dissolution of entailed estates;
Declaring that civil servants "are servants of the whole people, not of a party."
The anti-Christian and anti-religious sentiments of the Socialists did not find as complete expression in the constitution as those parties had desired. The church is disestablished, but it retains the right to tax its members and have legal process for the collection of the taxes. The property of the church is left untouched. Subsidies formerly paid from public funds are discontinued. Sunday is protected as "a day of rest and spiritual elevation." Religious bodies may hold services in hospitals, prisons, army barracks, etc., "in so far as need for divine services and ministerial offices exists," but no person can be compelled to attend.
All these provisions are, of course, of comparatively minor importance—except that dissolving the entailed estates—and many are mere doctrinarianism, but the final section of the constitution, dealing with economic affairs, brings principles which, if the combined Socialist parties should ever succeed in getting a bare majority of the country's voters under their banner, would make possible far-reaching changes along Marxian lines. Article 153 reads:
"Property can be expropriated only for the common welfare and by legal methods. Expropriation is to be made uponjust compensation,so far as a law of the Reich does not prescribe otherwise." (Italics by the author.)
"Property can be expropriated only for the common welfare and by legal methods. Expropriation is to be made uponjust compensation,so far as a law of the Reich does not prescribe otherwise." (Italics by the author.)
Article 156 reads:
"The Reich can, by law, without prejudice to the question of compensation, with due employment of the regulations governing expropriations, transfer to the ownership of the people private economic undertakings which are adapted for socialization. It can itself participate, or cause the lands or municipalities to participate, in the administration of economic undertakings and associations, or can in other manner secure to itself a deciding influence therein."The Reich can also, in case of urgent necessity and in the interests of the public, consolidate by law economic undertakings and associations on the basis of self-administration, for the purpose of securing the coöperation of all creative factors of the people, employers and employees, in the administration, and of regulating production, manufacture, distribution, utilization and prices, as well as import and export, of the economic properties upon principles serving the interests of the people.""Labor enjoys the especial protection of the Reich." gained by the revolutionary parties in framing the constitution. They not only make sweeping socialization possible, in the event of the Socialists coming into power, but also, as the italicized sentence in article 153 indicates, socialization without compensation to the former private owners.
"The Reich can, by law, without prejudice to the question of compensation, with due employment of the regulations governing expropriations, transfer to the ownership of the people private economic undertakings which are adapted for socialization. It can itself participate, or cause the lands or municipalities to participate, in the administration of economic undertakings and associations, or can in other manner secure to itself a deciding influence therein.
"The Reich can also, in case of urgent necessity and in the interests of the public, consolidate by law economic undertakings and associations on the basis of self-administration, for the purpose of securing the coöperation of all creative factors of the people, employers and employees, in the administration, and of regulating production, manufacture, distribution, utilization and prices, as well as import and export, of the economic properties upon principles serving the interests of the people."
"Labor enjoys the especial protection of the Reich." gained by the revolutionary parties in framing the constitution. They not only make sweeping socialization possible, in the event of the Socialists coming into power, but also, as the italicized sentence in article 153 indicates, socialization without compensation to the former private owners.
There are still two Socialistic articles to be considered. One, article 157, says:
"Labor enjoys the especial protection of the Reich."
"Labor enjoys the especial protection of the Reich."
Die Arbeitskraft, translated above by labor, means the whole body of workmen. The provision is another bit of doctrinarianism without any particular value, but it is nevertheless at variance with the equal-rights-to-all and all-Germans-equal-before-the-law spirit that is so carefully emphasized elsewhere in the constitution. The other article calling for particular mention is No. 165, the last article of the constitution proper. This is a direct heritage of November, 1918.
From the very outset, as has been pointed out repeatedly inthis work, the Spartacans were determined to impose the soviet form of government upon Germany. Later on the Independent Socialists also threw off their parliamentary mask and joined in the demand for theRäterepublikon the Bolshevist model. There were some leaders of the Majority Socialist Party who were willing to consider a combination of parliamentarism and sovietism, but most of the older leaders, including Ebert, had no sympathy with the idea. They were Socialists, but also democrats. When it began to become apparent to the advocates of the soviet system that they were in the minority, they raised a demand that the workmen's council should be "anchored" in the constitution. The framers of that document did not take the demand seriously, and the draft prepared for presentation to the National Assembly after the adoption of the provisional constitution made no reference to the councils.
The extremer Socialists, however, renewed their original demand, and even the more conservative leaders of the parent party, much against their will, saw themselves compelled for partisan political reasons to support the demand. The result was article 165, inserted in the draft in June.
This article begins by declaring that workmen and other wage-earners have equal rights with their employers in determining wage and working conditions and in coöperating "in the entire economic development of productive powers." It provides that they shall, for the protection of their social and economic interests, have the right to be represented through workmen's shop councils (Betriebsarbeiterräte), as well as in district workmen's councils (Bezirksarbeiterräte), and in a national workmen's council (Reichsarbeiterrat). The district and national councils combine with the representatives of the employers "and other interested circles of the people" to form district economic councils (Bezirkswirtschaftsräte), and a national economic council (Reichswirtschaftsrat). "The district economic councils and the national economic council are to be so constituted that all important groups of interests are represented in proportion to their economic and social importance."
Article 165 continues:
"Politico-social and politico-economic bills of fundamental importance shall, before their introduction, be laid by the government of the Reich before the national economic council for its consideration and report. The national economic council has the right to propose such bills itself. If the government does not approve of them, it must nevertheless lay them before the Reichstag, together with a statement of its attitude. The national economic council is empowered to have the bill advocated before the Reichstag by one of its members."Powers of control and administration can be conferred upon the workmen's and economic councils over matters lying in their sphere of action."
"Politico-social and politico-economic bills of fundamental importance shall, before their introduction, be laid by the government of the Reich before the national economic council for its consideration and report. The national economic council has the right to propose such bills itself. If the government does not approve of them, it must nevertheless lay them before the Reichstag, together with a statement of its attitude. The national economic council is empowered to have the bill advocated before the Reichstag by one of its members.
"Powers of control and administration can be conferred upon the workmen's and economic councils over matters lying in their sphere of action."
Thus the "anchor" of the workmen's councils in the German constitution. It is difficult to find in it the importance assigned to it by the Socialists. The national council has, in the last analysis, only such power as the Reichstag may choose to confer upon it. There was no sharp opposition to the article from thebourgeoisparties, doubtless due in large part to the fact that, even long before the revolution, the right of workmen to combine and negotiate as organizations with their employers was recognized by everybody, and that Germany, with less than two-thirds of the population of the United States, has roundly three times as many organized workmen. In the circumstance, article 165 did not bring any really revolutionary change.
The foregoing is a brief outline of the more important features of the constitution of the German Republic. Considering all the attendant circumstances of its birth—the apathy of the people, the weakness of the government, the disruption of the Germans into factions which bitterly hated and opposed each other, the savage conditions of the peace, following the crushing conditions of the armistice, the disappearance from the political field of most of the trained minds of the old empire, the strength of the elements inspired by purely materialistic and egoistic aims or by a naive trust in the internationalists of other lands, the constant pressure from the enemy—the framers and proponents of the constitutionaccomplished a national deed of dignity and worth. They might easily have done much worse; it is impossible for one who watched the developments of those trying days to assert that they could have done much better.
(The author's acknowledgments are due as to this chapter to Dr. Hugo Preuss, for valuable information as to the course of the deliberations of the various constitutional commissions and for interpretations of the constitution, and to Dr. Fremont A. Higgins, A.M., LL.B. (Columbia), J.U.D. (University of Kiel), who generously gave the benefit of his wide knowledge of German law and bibliography.)
(The author's acknowledgments are due as to this chapter to Dr. Hugo Preuss, for valuable information as to the course of the deliberations of the various constitutional commissions and for interpretations of the constitution, and to Dr. Fremont A. Higgins, A.M., LL.B. (Columbia), J.U.D. (University of Kiel), who generously gave the benefit of his wide knowledge of German law and bibliography.)
Through the courtesy of the World Peace Foundation the Yale University Press is enabled to reprint "The Constitution of the German Commonwealth" as it appeared in theLeague of Nationsfor December, 1919. The following note on "The Terminology of the Constitution" by the translators, William Bennett Munro and Arthur Norman Holcombe, appeared in the introduction to the translation:
A word should be added in explanation of the way in which certain technical terms have been translated.
It is no longer fitting, for example, to translateReichas empire. Yet it is not clear to what extent the old spirit as well as the old forms have changed. Certainly the "strange trappings and primitive authority" of the imperial government are gone. How far has the spirit as well as the form of government of, by, and for the People taken its place? It is too soon to say. Whatever the event may be, it seems best for Americans at this time to substitute for empire the less specialized expression, commonwealth.
Another difficulty arises whenReichs- is used as a qualifier. Is theReichsrat, for example, a federal council or a national council? This raises a fundamental question concerning the effect of the Revolution. Is the German Commonwealth a unified state or does it remain a confederation? Apparently the former federal States have not yet surrendered all their sovereign powers. The residue of sovereignty left to the States, however, is slight and unsubstantial. Recently, indeed (December, 1919), the Assembly of the principal State, Prussia, is reported to have adopted a resolution in favor of further centralization. As the Constitution stands, the Commonwealth appears to be a federation in which the rights of the States are subordinated to those of the Union to a far greater extent than in our own United States. It has seemed proper, therefore, to use the term "national" rather than "federal."
The termReichsregierungmight be translated National Government, or Administration, or Cabinet. We have adopted the term Cabinet because of its greater precision. Both the other expressions have a more general as well as a specialized meaning and would ordinarily be understood by Americans to include the President as well as the Chancellor and Ministers, who alone are the members of the Cabinet in the strict sense of the term. TheRegierungmust be distinguished from theMinisterium. The latter term may designate either the whole body of ministers or the department of any one minister. In the text of the German Constitution it is used only in the latter sense.
The translations adopted for the principal political terms of the new Constitution are indicated in the glossary. In general the purpose has been to adhere as closely to a literal rendering of the German as was compatible with an intelligible English version. Preference has been given throughout the translation to the terminology of republican government as developed in the United States. For a correct understanding of a foreign constitution, no translation can however suffice; the original text with a commentary must be carefully studied byanyone who wishes to obtain a thorough comprehension of such a document.
The translators are glad to acknowledge their indebtedness to Professor John A. Walz and Dr. F. W. C. Lieder of the Department of German in Harvard University, and to Dean Roscoe Pound of the Harvard Law School for careful scrutiny of the proofs and many helpful suggestions on difficult passages.
W. B. M.A. N. H.
January 5, 1920.
The German People, united in all their branches, and inspired by the determination to renew and strengthen their Commonwealth in liberty and justice, to preserve peace both at home and abroad, and to foster social progress, have adopted the following Constitution.
The German Commonwealth is a republic.
Political authority is derived from the People.
The territory of the Commonwealth consists of the territories of the German States. Other territories may be incorporated into the Commonwealth by national law, if their inhabitants, exercising the right of self-determination, so desire.
The national colors are black, red and gold. The merchant flag is black, white and red, with the national colors in the upper inside corner.
The generally recognized principles of the law of nations are accepted as an integral part of the law of the German Commonwealth.
Political authority is exercised in national affairs by the National Government in accordance with the Constitution of the Commonwealth, and in State affairs by the State Governments in accordance with the State constitutions.
The Commonwealth has exclusive jurisdiction over:
1. Foreign relations;2. Colonial affairs;3. Citizenship, freedom of travel and residence, immigration and emigration, and extradition;4. Organization for national defense;5. Coinage;6. Customs, including the consolidation of customs and trade districts and the free interchange of goods;7. Posts and telegraphs, including telephones.
1. Foreign relations;
2. Colonial affairs;
3. Citizenship, freedom of travel and residence, immigration and emigration, and extradition;
4. Organization for national defense;
5. Coinage;
6. Customs, including the consolidation of customs and trade districts and the free interchange of goods;
7. Posts and telegraphs, including telephones.
The Commonwealth has jurisdiction over:
1. Civil law;2. Criminal law;3. Judicial procedure, including penal administration, and official cooperation between the administrative authorities;4. Passports and the supervision of aliens;5. Poor relief and vagrancy;6. The press, associations and public meetings;7. Problems of population; protection of maternity, infancy, childhood and adolescence;8. Public health, veterinary practice, protection of plants from disease and pests;9. The rights of labor, social insurance, the protection of wage-earners and other employees, and employment bureaus;10. The establishment of national organizations for vocational representation;11. Provision for war-veterans and their surviving dependents;12. The law of expropriation;13. The socialization of natural resources and business enterprises, as well as the production, fabrication, distribution, and price-fixing of economic goods for the use of the community;14. Trade, weights and measures, the issue of paper money, banking, and stock and produce exchanges;15. Commerce in foodstuffs and in other necessaries of daily life, and in luxuries;16. Industry and mining;17. Insurance;18. Ocean navigation, and deep-sea and coast fisheries;19. Railroads, internal navigation, communication by power-driven vehicles on land, on sea, and in the air; the construction of highways, in so far as pertains to general intercommunication and the national defense;20. Theaters and cinematographs.
1. Civil law;
2. Criminal law;
3. Judicial procedure, including penal administration, and official cooperation between the administrative authorities;
4. Passports and the supervision of aliens;
5. Poor relief and vagrancy;
6. The press, associations and public meetings;
7. Problems of population; protection of maternity, infancy, childhood and adolescence;
8. Public health, veterinary practice, protection of plants from disease and pests;
9. The rights of labor, social insurance, the protection of wage-earners and other employees, and employment bureaus;
10. The establishment of national organizations for vocational representation;
11. Provision for war-veterans and their surviving dependents;
12. The law of expropriation;
13. The socialization of natural resources and business enterprises, as well as the production, fabrication, distribution, and price-fixing of economic goods for the use of the community;
14. Trade, weights and measures, the issue of paper money, banking, and stock and produce exchanges;
15. Commerce in foodstuffs and in other necessaries of daily life, and in luxuries;
16. Industry and mining;
17. Insurance;
18. Ocean navigation, and deep-sea and coast fisheries;
19. Railroads, internal navigation, communication by power-driven vehicles on land, on sea, and in the air; the construction of highways, in so far as pertains to general intercommunication and the national defense;
20. Theaters and cinematographs.
The Commonwealth also has jurisdiction over taxation and other sources of income, in so far as they may be claimed in whole or in part for its purposes. If the Commonwealth claims any source of revenue which formerly belonged to the States, it must have consideration for the financial requirements of the States.
Whenever it is necessary to establish uniform rules, the Commonwealth has jurisdiction over:
1. The promotion of social welfare;2. The protection of public order and safety.
1. The promotion of social welfare;
2. The protection of public order and safety.
The Commonwealth may prescribe by law fundamental principles concerning:
1. The rights and duties of religious associations;2. Education, including higher education and libraries for scientific use;3. The law of officers of all public bodies;4. The land law, the distribution of land, settlements and homesteads, restrictions on landed property, housing, and the distribution of population;5. Disposal of the dead.
1. The rights and duties of religious associations;
2. Education, including higher education and libraries for scientific use;
3. The law of officers of all public bodies;
4. The land law, the distribution of land, settlements and homesteads, restrictions on landed property, housing, and the distribution of population;
5. Disposal of the dead.
The Commonwealth may prescribe by law fundamental principles concerning the validity and mode of collection of State taxes, in order to prevent:
1. Injury to the revenues or to the trade relations of the Commonwealth;2. Double taxation;3. The imposition of excessive burdens, or burdens in restraint of trade on the use of the means and agencies of public communication;4. Tax discriminations against the products of other States in favor of domestic products in interstate and local commerce; or5. Export bounties;
1. Injury to the revenues or to the trade relations of the Commonwealth;
2. Double taxation;
3. The imposition of excessive burdens, or burdens in restraint of trade on the use of the means and agencies of public communication;
4. Tax discriminations against the products of other States in favor of domestic products in interstate and local commerce; or
5. Export bounties;
or in order to protect important social interests.
So long and in so far as the Commonwealth does not exercise its jurisdiction, such jurisdiction remains with the States. This does not apply in cases where the Commonwealth possesses exclusive jurisdiction.
The National Cabinet may object to State laws relating to the subjects of Article 7, Number 13, whenever the general welfare of the Commonwealth is affected thereby.
The laws of the Commonwealth are supreme over the laws of the States which conflict with them.
If doubt arises, or difference of opinion, whether State legislation is in harmony with the law of the Commonwealth, the proper authorities of the Commonwealth or the central authorities of the States, in accordance with more specific provisions of a national law, may have recourse to the decision of a supreme judicial court of the Commonwealth.
The laws of the Commonwealth will be executed by the State authorities, unless otherwise provided by national law.
The National Cabinet supervises the conduct of affairs over which the Commonwealth has jurisdiction.
In so far as the laws of the Commonwealth are to be carried into effect by the State authorities, the National Cabinet may issue general instructions. It has the power to send commissioners to the central authorities of the States, and, with their consent, to the subordinate State authorities, in order to supervise the execution of national laws.
It is the duty of the State Cabinets, at the request of the National Cabinet, to correct any defects in the execution of the national laws. In case of dispute, either the National Cabinet or that of the State may have recourse to the decision of the Supreme Judicial Court, unless another court is prescribed by national law.
The officers directly charged with the administration of national affairs in any State shall, as a rule, be citizens of that State. The officers, employees andworkmen of the national administration shall, if they so desire, be employed in the districts where they reside as far as is possible and not inconsistent with their training and with the requirements of the service.
Every State must have a republican constitution. The representatives of the People must be elected by the universal, equal, direct and secret suffrage of all German citizens, both men and women, according to the principles of proportional representation. The State Cabinet shall require the confidence of the representatives of the People.
The principles in accordance with which the representatives of the People are chosen apply also to municipal elections; but by State law a residence qualification not exceeding one year of residence in the municipality may be imposed in such elections.
The division of the Commonwealth into States shall serve the highest economic and cultural interests of the People after most thorough consideration of the wishes of the population affected. State boundaries may be altered and new States may be created within the Commonwealth by the process of constitutional amendment.
With the consent of the States directly affected, it requires only an ordinary law of the Commonwealth.
An ordinary law of the Commonwealth will also suffice, if one of the States affected does not consent, provided that the change of boundaries or the creation of a new State is desired by the population concerned and is also required by a preponderant national interest.
The wishes of the population shall be ascertained by a referendum. The National Cabinet orders a referendum on demand of one-third of the inhabitants qualified to vote for the National Assembly in the territory to be cut off.
Three-fifths of the votes cast, but at least a majority of the qualified voters, are required for the alteration of a boundary or the creation of a new State. Even if a separation of only a part of a Prussian administrative district, a Bavarian circle, or, in other States, a corresponding administrative district, is involved, the wishes of the population of the whole district must be ascertained. If there is no physical contact between the territory to be cut off and the rest of the district, the wishes of the population of the district to be cut off may be pronounced conclusive by a special law of the Commonwealth.
After the consent of the population has been ascertained the National Cabinet shall introduce into the National Assembly a bill suitable for enactment.
If any controversy arises over the division of property in connection with such a union or separation, it will be determined upon complaint of either party by the Supreme Judicial Court of the German Commonwealth.
If controversies concerning the Constitution arise within a State in which there is no court competent to dispose of them, or if controversies of a public nature arise between different States or between a State and the Commonwealth, they will be determined upon complaint of one of the parties by the Supreme Judicial Court of the German Commonwealth, unless another judicial court of the Commonwealth is competent.
The President of the Commonwealth executes judgments of the Supreme Judicial Court.
The National Assembly is composed of the delegates of the German People.
The delegates are representatives of the whole People. They are subject only to their own consciences and are not bound by any instructions.
The delegates are elected by universal, equal, direct and secret suffrage by all men and women over twenty years of age, in accordance with the principles of proportional representation. The day for elections must be a Sunday or a public holiday.
The details will be regulated by the national election law.
The National Assembly is elected for four years. New elections must take place at the latest on the sixtieth day after its term comes to an end.
The National Assembly convenes at the latest on the thirtieth day after the election.
The National Assembly meets each year on the first Wednesday in November at the seat of the National Government. The President of the National Assembly must call it earlier if the President of the Commonwealth, or at least one-third of the members of the National Assembly, demand it.
The National Assembly determines the close of its session and the day of reassembling.
The President of the Commonwealth may dissolve the National Assembly, but only once for the same cause.
The new election occurs at the latest on the sixtieth day after such dissolution.
The National Assembly chooses its President, Vice-President and its Secretaries. It regulates its own procedure.
During the interval between sessions, or while elections are taking place, the President and Vice-President of the preceding session conduct its affairs.
The President administers the regulations and policing of the National Assembly building. The management of the building is subject to his direction; he controls its receipts and expenses in accordance with the provisions of the budget, and represents the Commonwealth in all legal affairs and in litigation arising during his administration.
The proceedings of the National Assembly are public. At the request of fifty members the public may be excluded by a two-thirds vote.
True and accurate reports of the proceedings in public sittings of the National Assembly, of a State Assembly, or of their committees, are absolutely privileged.
An Electoral Commission to decide disputed elections will be organized in connection with the National Assembly. It will also decide whether a delegate has forfeited his seat.
The Electoral Commission consists of members of the National Assembly, chosen by the latter for the life of the Assembly, and of members of the National Administrative Court, to be appointed by the President of the Commonwealth on the nomination of the presidency of this court.
This Electoral Commission pronounces judgment after public hearings through a quorum of three members of the National Assembly and two judicial members.
Proceedings apart from the hearings before the Electoral Commission will be conducted by a National Commissioner appointed by the President of theCommonwealth. In other respects the procedure will be regulated by the Electoral Commission.
The National Assembly acts by majority vote unless otherwise provided in the Constitution. For the conduct of elections by the National Assembly it may, in its rules of procedure, make exceptions.
The quorum to do business will be regulated by the rules of procedure.
The National Assembly and its committees may require the presence of the National Chancellor and of any National Minister.
The National Chancellor, the National Ministers, and Commissioners designated by them, have the right to be present at the sittings of the National Assembly and of its committees. The States are entitled to send their plenipotentiaries to these sittings to submit the views of their Cabinets on matters under consideration.
At their request the representatives of the Cabinets shall be heard during the deliberations, and the representatives of the National Cabinet shall be heard even outside the regular order of business.
They are subject to the authority of the presiding officer in matters of order.
The National Assembly has the right, and, on proposal of one-fifth of its members, the duty to appoint committees of investigation. These committees, in public sittings, inquire into the evidence which they, or the proponents, consider necessary. The public may be excluded by a two-thirds vote of the committee of investigation. The rules of procedure regulate the proceedings of the committee and determine the number of its members.
The judicial and administrative authorities are required to comply with requests by these committees for information, and the record of the authorities shall on request be submitted to them.
The provisions of the code of criminal procedure apply as far as is suitable to the inquiries of these committees and of the authorities assisting them, but the secrecy of letter and other post, telegraph, and telephone services will remain inviolate.
The National Assembly appoints a Standing Committee on foreign affairs which may also act outside of the sittings of the National Assembly and after its expiration or dissolution until a new National Assembly convenes. Itssittings are not public, unless the committee by a two-thirds vote otherwise provides.
The National Assembly also appoints a Standing Committee for the protection of the rights of the representatives of the People against the National Cabinet during a recess and after the expiration of the term for which it was elected.
These committees have the rights of committees of investigation.
No member of the National Assembly or of a State Assembly shall at any time whatsoever be subject to any judicial or disciplinary prosecution or be held responsible outside of the House to which he belongs on account of his vote or his opinions uttered in the performance of his duty.
No member of the National Assembly or of a State Assembly shall during the session, without the consent of the House to which he belongs, be subject to investigation or arrest on account of any punishable offense, unless he is caught in the act, or apprehended not later than the following day.
Similar consent is required in the case of any other restraint of personal liberty which interferes with the performance by a delegate of his duties.
Any criminal proceeding against a member of the National Assembly or of a State Assembly, and any arrest or other restraint of his personal liberty shall, at the demand of the House to which he belongs, be suspended for the duration of the session.
The members of the National Assembly and the State Assemblies are entitled to refuse to give evidence concerning persons who have given them information in their official capacity, or to whom they have given information in the performance of their official duties, or concerning the information itself. In regard also to the seizure of papers their position is the same as that of persons who have by law the right to refuse to give evidence.
A search or seizure may be proceeded with in the precincts of the National Assembly or of a State Assembly only with the consent of its President.
Civil officers and members of the armed forces need no leave to perform their duties as members of the National Assembly or of a State Assembly.
If they become candidates for election to these bodies, the necessary leave shall be granted them to prepare for their election.
The members of the National Assembly shall have the right of free transportation over all German railroads, and also compensation as fixed by national law.
The National President is chosen by the whole German People.
Every German who has completed his thirty-fifth year is eligible for election.
The details will be regulated by a national law.
The National President, on assuming his office, takes before the National Assembly the following oath:
I swear to devote all my energy to the welfare of the German People, to increase their prosperity, to protect them from injury, to preserve the Constitution and the laws of the Commonwealth, to perform my duties conscientiously, and to deal justly with all.
I swear to devote all my energy to the welfare of the German People, to increase their prosperity, to protect them from injury, to preserve the Constitution and the laws of the Commonwealth, to perform my duties conscientiously, and to deal justly with all.
The addition of a religious affirmation is permitted.
The term of the National President is seven years. He is eligible for reelection.
The President may be removed before the end of his term by vote of the People on proposal of the National Assembly. The act of the National Assembly in such case requires a two-thirds majority vote. Upon such action the President is suspended from further exercise of his office. A refusal by the People to remove the President has the effect of a new election and entails the dissolution of the National Assembly.
The National President shall not be subject to criminal prosecution without the consent of the National Assembly.
The National President may not at the same time be a member of the National Assembly.
The National President represents the Commonwealth in matters of international law. He concludes in the name of the Commonwealth alliances and other treaties with foreign powers. He accredits and receives ambassadors.
War is declared and peace concluded by national law.
Alliances and treaties with foreign States, relating to subjects within the jurisdiction of the Commonwealth, require the consent of the National Assembly.
The President appoints and dismisses the civil and military officers of the Commonwealth if not otherwise provided by law. He may delegate this right of appointment or dismissal to other authorities.
The National President has supreme command over all the armed forces of the Commonwealth.
If any State does not perform the duties imposed upon it by the Constitution or by national laws, the National President may hold it to the performance thereof by force of arms.
If public safety and order in the German Commonwealth is materially disturbed or endangered, the National President may take the necessary measures to restore public safety and order, and, if necessary, to intervene by force of arms. To this end he may temporarily suspend, in whole or in part, the fundamental rights established in Articles 114, 115, 117, 118, 123, 124 and 153.
The National President must immediately inform the National Assembly of all measures adopted by authority of Paragraphs 1 or 2 of this Article. These measures shall be revoked at the demand of the National Assembly.
If there is danger from delay, the State Cabinet may for its own territory take provisional measures as specified in Paragraph 2. These measures shall be revoked at the demand of the National President or of the National Assembly.
The details will be regulated by a national law.
The National President exercises the right of pardon for the Commonwealth. National amnesties require a national law.
All orders and directions of the National President, including those concerning the armed forces, require for their validity the countersignature of theNational Chancellor or of the appropriate National Minister. By the countersignature responsibility is assumed.
The National President is represented temporarily in case of disability by the National Chancellor. If such disability seems likely to continue for any considerable period, he shall be represented as may be determined by a national law.
The same procedure shall be followed in case of a premature vacancy of the Presidency until the completion of the new election.
The National Cabinet consists of the National Chancellor and the National Ministers.
The National Chancellor and, on his proposal, the National Ministers are appointed and dismissed by the National President.
The National Chancellor and the National Ministers require for the administration of their offices the confidence of the National Assembly. Each of them must resign if the National Assembly by formal resolution withdraws its confidence.
The National Chancellor presides over the National Cabinet and conducts its affairs in accordance with rules of procedure, which will be framed by the National Cabinet and approved by the National President.
The National Chancellor determines the general course of policy and assumes responsibility therefor to the National Assembly. In accordance with this general policy each National Minister conducts independently the particular affairs intrusted to him and is held individually responsible to the National Assembly.
The National Ministers shall submit to the National Cabinet for consideration and decision all drafts of bills and other matters for which this procedure is prescribed by the Constitution or by law, as well as differences of opinion over questions which concern the departments of several National Ministers.
The National Cabinet will make its decisions by majority vote. In case of a tie the vote of the presiding officer will be decisive.
The National Assembly is empowered to impeach the National President, the National Chancellor, and the National Ministers before the Supreme Judicial Court of the German Commonwealth for any wrongful violation of the Constitution or laws of the Commonwealth. The proposal to bring an impeachment must be signed by at least one hundred members of the National Assembly and requires the approval of the majority prescribed for amendments to the Constitution. The details will be regulated by the national law relating to the Supreme Judicial Court.
A National Council will be organized to represent the German States in national legislation and administration.
In the National Council each State has at least one vote. In the case of the larger States one vote is accorded for every million inhabitants. Any excess equal at least to the population of the smallest State is reckoned as equivalent to a full million. No State shall be accredited with more than two-fifths of all votes.
[German-Austria after its union with the German Commonwealth will receive the right of participation in the National Council with the number of votes corresponding to its population. Until that time the representatives of German-Austria have a deliberate voice.][84]
[German-Austria after its union with the German Commonwealth will receive the right of participation in the National Council with the number of votes corresponding to its population. Until that time the representatives of German-Austria have a deliberate voice.][84]