THE WEIMAR CONSTITUTION: IMPORTANT ARTICLES. (bold added)

CHAPTER ONE: ORGANIZATION AND FUNCTIONS OF THE REICH

SECTION I: THE REICH AND THE STATES

Article 1. The German Reich is a republic. The political power emanates from the people.

Article 2. The territory of the Reich consists of the territories of the German states. Other territories may be incorporated in the Reich by a national law, if their populations so desire by the right of self-determination.

Article 3. The national colors are black, red, and gold. The commercial flag is black, red, and white, with the national colors in the upper-inside corner. [the former colors were of the Frankfurt Parliament of 1848; the latter of the Second Empire of 1871-1918.]

Article 4. The universally recognized rules of international law are accepted as integral and obligatory parts of the law of the German Reich.

[Articles 6 to 11 were long lists of the broad categories and specific items of legislation that the Reich government was empowered to enact. The power of taxation was given in detail, and the relationship between national and state powers of taxation described.]

Article 12. As long as, and in so far as, the Reich does not make use of its powers of legislation, the states shall retain the power of legislation. . . .

Article 13. National laws are superior to the laws of the states. . . . [in case of a conflict the matter will be decided by “a superior judicial court of the Reich.”]

Article 17. Every state must have a republican constitution. . . . . [i.e. none of the traditional monarchies of the länder survived.]

[Article 18 described in great detail how the alteration of state boundaries and the creation of new states were to be done.]

SECTION II: THE REICHSTAG

Article 22. The deputies [of the Reichstag] shall be elected by the universal, equal, direct, and secret suffrage of all men and women over 20 years of age, according to the principles of proportional representation. Election day must be a Sunday or public holiday. . . .

Article 23. The Reichstag shall be elected for a four-year term. A new election shall take place no later than 60 days after the expiration of its term. The Reichstag shall assemble for its first meeting no later than the 30th day after election.

Article 25. The President of the Reich may dissolve the Reichstag, but only once for the same cause. A new election must be held no later than the 60th day after the dissolution.

[Articles 26-40 spelled out the internal officers of the Reichstag and its legislative procedures; also the rights and obligations of members. Article 35 tried to guard the rights of the Reichstag against executive interference during the period between sessions and after the end of a legislative term.]

SECTION III: THE PRESIDENT OF THE REICH AND THE NATIONAL MINISTRY

Article 41. The President of the Reich shall be elected by the whole German people. Every German who has completed his 35th year is eligible [to serve as President].

Article 43. The term of office of the President shall be seven years. Reelection is permissible. Before the expiration of his term the President may be removed from office by popular vote on resolution of the Reichstag. The resolution of the Reichstag requires a 2/3 majority vote. . . . If the popular vote fails to remove the President, such vote shall be regarded as a new election of the President and a dissolution of the Reichstag shall follow. The President may not be subjected to criminal prosecution without the consent of the Reichstag.

Article 44. The President of the Reich may not at the same time be a member of the Reichstag.

Article 45. The President of the Reich represents the Reich in international relations. . . . Declaration of war and conclusion of peace shall be made by national law. Alliances and treaties with foreign states which relate to subjects of national legislation require the consent of the Reichstag.

Article 47. The President of the Reich shall have supreme command over the entire military forces of the Reich.

Article 48. If a state fails to carry out the duties imposed upon it by the national constitution or national laws, the President of the Reich may compel performance with the aid of armed force.

If public order and safety be seriously disturbed or threatened within the German Reich, the President of the Reich may take necessary measures to restore public safety and order; if necessary, with the aid of armed force. For this purpose he may temporarily suspend in whole or in part the fundamental rights enumerated in Articles 114, 115, 117, 118, 123, 124 and 153.

The President of the Reich must immediately communicate to the Reichstag all measures taken by virtue of paragraph 1 or 2 of this Article. On demand of the Reichstag these measures must be abrogated.

Article 50. All orders of the President of the Reich, including those concerning armed force, require for their validity the counter-signature of the Chancellor or of the competent national minister. . . . .

Article 52. The National Ministry shall consist of the Chancellor and the national ministers.

Article 53. The Chancellor and, upon his recommendation, the national ministers shall be appointed and removed by the President of the Reich.

Article 54. The Chancellor and national ministers must have the confidence of the Reichstag for the exercise of their offices. Any one of them must resign if the Reichstag withdraws its confidence by express resolution.

[Articles 55-59 spell out in general terms the powers and responsibilities of the Chancellor and national ministry for legislation and related matters. Article 59 introduced a clumsy procedure for the impeachment of the President of the Reich, the Chancellor, or any minister by a resolution by a 2/3 vote of the Reichstag presented to the Supreme Judicial Court for decision.]

SECTION IV: THE REICHSRAT

[Articles 60-67 established a state council which met most of the demands of the states for a role in national legislation and mean that Weimar would be a federal government. However the role of the Reichsrat in national legislation was mainly consultative. It was to be kept informed of legislation, it could dissent, but its dissent could be overridden by the national ministry in agreement with the Reichstag or by a 2/3 vote of the Reichstag. To prevent the domination of Prussia, no state was entitled to more than 2/5 of the representatives in the Reichsrat.]

SECTION V: NATIONAL LEGISLATION.

Article 68. Bills shall be introduced by the National Ministry, or by members of the Reichstag. National laws shall be enacted by the Reichstag.

[Articles 69-72 set out the roles of the President, the national ministry, the Reichstag, and the Reichsrat in legislation.]

[Article 73. Described the complicated provisions for referenda. The President could initiate a popular referendum on a bill passed by the Reichstag; one-third of the members of the Reichstag could request a popular referendum on a bill if the referendum were also requested by 1/20th of eligible voters; 1/10th of voters could petition for referendum on a a bill that was being proposed by the ministry or Reichstag.]

[Article 74 was another complicated provision for a referendum to be called by the President to resolve a dispute between the Reichsrat and Reichstag that couldn’t be overridden by a 2/3 vote of the Reichstag.]

[Article 76 provided that the constitution could be amended by 2/3 of the Reichstag or the Reichsrat and by popular referendum requiring a simple majority. ]

SECTION VI: NATIONAL ADMINISTRATION.

[Articles 78-101. Described the methods by which the Reich government administered the constitution and laws.]

SECTION VII: JUSTICE

[Articles 102-107. Provided that judges for “ordinary jurisdictions” shall be appointed for life. Prohibited extraordinary courts and military jurisdictions in time of peace. (note: during Weimar most judges had begun their careers during the Second Empire.)]

Article 108. A Supreme Judicial Court shall be established for the German Reich in accordance with a national law.

CHAPTER TWO: FUNDAMENTAL RIGHTS AND DUTIES OF GERMANS

SECTION I: THE INDIVIDUAL

Article 109. All Germans are equal before the law. Men and women have in principle the same civil rights and duties. Privileges or discriminations in public law based upon birth or rank are abolished. The state may not confer orders and decorations.

Article 110. [assured all Germans of equal rights under state law.]

Article 111. All Germans shall enjoy freedom of movement throughout the whole Reich. . . .

Article 112. Every German has the right to emigrate to non-German countries. All German citizens within and without the boundaries of the Reich have the right of protection by the Reich against foreign countries. No German may be extradited for prosecution or punishment by a foreign government. [note: this last provision implicitly denied the Allied right to try Germans for war crimes.]

Article 113. The foreign language parts of the population of the Reich may not be interfered with by legislative or administrative action in their free racial development, especially in the use of their mother tongue in education, as well as in the communal administration and the administration of justice. [note: even in this formal context, “race” appears where ethnicity or nationality is meant.]

Article 114. Liberty of the person is inviolable. . . . Persons who have been deprived of their liberty must be informed no later than the following day by what authority, and upon what grounds, the deprivation of liberty was ordered; without delay they shall have the opportunity to lodge objections . . . [i.e., the premise of habeas corpus]

Article 115. The dwelling of every German is his sanctuary and is inviolable. Exceptions may be imposed only by authority of law.

Article 116. An act may be punishable only if the penalty was fixed by law before the act was committed. [no ex post facto laws]

Article 117. Secrecy of postal, telegraphic, and telephonic communication is inviolable. . . .

Article 118. [Guaranteed freedom of expression by speech, print, or “pictorially.” Forbade censorship, except in the case of “cinematographs” , “indecent and obscene literature”, and “for the protection of youth.”]

SECTION II: COMMUNITY LIFE.

[This long section, Articles 119-134, generally expressed that the Reich would govern a liberal regime over matters of family and community. A good deal of stress was placed on duties as well as rights. Three examples follow.]

Article 121. Illegitimate children shall be given by law the same opportunities for their physical, intellectual, and social development as legitimate children.

Article 123. All Germans have the right to assemble peaceably and unarmed without notice or special permission.

Article 134. All citizens without discrimination shall in proportion to their means contribute to all public burdens in accordance with the laws.

SECTION III: RELIGION AND RELIGIOUS ASSOCIATIONS

[Another long section, Articles 135-141, generally promised freedom of religion and the separation of church and state.]

Article 135. All inhabitants of the Reich shall enjoy complete liberty of belief and conscience. . . .

Article 137. There is no state church. . . .

SECTION IV: EDUCATION AND SCHOOLS

[Articles 142-150 guaranteed universal public education up to age 18 and allowed religious schools to include religion as part of their instruction.

SECTION V: ECONOMIC LIFE

[Articles 151-165 go into amazing detail to describe the role of the Reich government in economic life. These articles seem almost a utopia compared to the distraught conditions of the German people in 1919.]

Article 151. The organization of economic life must conform to the principles of justice to the end that all may be guaranteed a decent standard of living. . . . .

TRANSITIONAL AND CONCLUDING PROVISIONS.

[Articles 166-183: Again, the detail is remarkable. Article 167 described at length how the Reich should establish a new state government in the event that the scheduled plebiscite in Upper Silesia should result in a substantial part of that province choosing German citizenship rather than Polish. Article 178 annulled the constitution of the Second Empire. Article 180 provided that “until the first Reichstag convenes the National Assembly shall function as the Reichstag.”]

Edited by Robert Bunselmeyer March, 2020