MS-763: Rabbi Herbert A. Friedman Collection, 1930-2004. Series E: Sermons, Speeches, and Writings, 1933-1959. Box Folder 12 8 "Hitler Still Walks in Germany" and "The Pope and Jerusalem." 1948-1949. For more information on this collection, please see the finding aid on the American Jewish Archives website. 3101 Clifton Ave, Cincinnati, Ohio 45220 513.487.3000 AmericanJewishArchives.org f OR[IGN SC[ [ STUDIES PUBLISHED BY THE AMERICAN JEWISH COMMITTEE, 386 FOURTH AVENUE. NE YORK 16. N. Y. OCTOBER 1 9 4 9 VOLUME 1 • NU MIER 3 t THE NEW WEST TABLE OF CONTENTS GERMAN STATE THE FRAMEWORK OP SELF-GOVERNMENT 1 The situation of Germany at the end of the war-a major nation, possessed of no government of its own, ruled do­ THE EVOLUTION OP mestically and represented internationally by an alien mili­ OCCUPATION POLICY 2 tary administration-was unique in history. True, other nations had lost their independence and been subjected to DEMOCRATIZATION AND foreign rule. But they /1ad either been annexed outright, and thus lost their status as national entitie-s, or they had DENAZJFICATION 3 been permitted to retain governments of their own, how­ ever subordinate these might be tc their conquerors. But in DENAZ,IPICATIQN IN PRACTICE • 4 Germany, though the natirm remained, the government ceO.Jed to exist. T HE POLITICAL STRUCTURE 5 The reemergence of a German government, after foUJ' THE NEW CONSTITUTION . 6 years, is therefore an event of major historical importance. For better or worse, that government will inevitably play an T HE ELECTIONS AND THE PU'TURE 8 important role in the events of our time. Even a battered and truncated Western Germany is bound to be a major factor GERMAN POLIT ICAL PART IES . 9 in world politics, by virtue of its geographical location, its natural and industrial resources, and the energies and skills of its 47,000,000 inhabitants. to victory-against the forces which weve responsible for The contribution which a politically and economically the rise of Nazism, and again.st those other totalitarian Malthy German state can make to the development of a forces which today seek world dominiorn, we must first peaceful and democratic world is very great. But, only /our know .what they are, and what problem.r they face. years after the end of the world conflagration let loose by the Hitler regime, it is scarcely necessary to point out that In view of the importance of the Gt:i'man situation at a Germany in the wrong hands can be a potent force for this time, the analysz'.s of "Postwar Pr.itterns of f ewish evil. The aggressions of the Nazis, and the racial and po­ Migrarion" announced for this issue of F ORE£GN SCENE will litical persecutions which they launched, are all too fresh be postponed untt1 the next. in memory to need enumeration. It is the purpose of this study to examine the new German state, and the forces at THE FRAMEWORK OF SELF-GOVERNMENT work in it, with a view to shedding some light on the The establishment 0£ a West German State, with broad direction in which it is likely to develop, and on t/1e ways powers of self-government, signalizes the end of direct in which Allied-and particularly American-policies have .military rule in the three Western zones of Germany. It is in the pa5t and may in the future affect the course of Ger­ the climax of a trend in \Vestern policy which may be man political life. For if we are to O.Jsist the democratic said to have begun with the Stuttgart speech of Secretary clements in Germany, and to encourage them in. the struggle of State Byrnes in September, 19461 and which was cer­ -which in the last analysis only they can carry through tainly not foreseen when the fusl Am•erican troops en- tcred Germany five years ago. lt docs not mean-· the end of interpretation of the Occupation Statute would be alto­ American influence on the course of German development. gether contrary to its spirit, and would be regarded by Bue it does mean that henceforth that influence will take Germans of all political persuasions as a breach of faith. different forms and be exerted through different channels, It appears probable that in actual practice the interpre­ and that the American occupation :iuthorities in Germany cation of the Occupation Statute wiU be a liberal one, will no longer possess many of the instruments which­ and chat the occupation authorities will use their reserved howe\!er they were used-were hitheno available to them pow.ers sparingly. Nevertheless, many of the fields in which for promoting democratic development in Ge.n:nany. Lhese powers lie are among the most concroversial in Germany: a danger therefore exists chait German authori­ The limits of direct Allied intervention in the affairs of ties will seek to shift to the occupying powers the responsi­ Western Germany arc set forth in the Occupation Statute, bility for decisions in these fields-even when in facl the promulgated by the Foreign Ministers of the United Staces, decisions arc purely German in origin. This is particularly Great Britain, and France in Washington on April 8, true in matters relating to the German economy, where 1949. Jc lists a number of fields in which the occupation the frequently expressed American preference for "free authorities will continue to retain primary responsibility. enterprise"' may serve as a pretext for the adoption of poli­ These include German foreign relations and foreign trade; cies for which their German sponsors hesitate to take full all matters relating to disarmament, including prohibited responsibility. (This happened on a number of economic and restricted industries and the control of the Ruhr; rep­ questions, prior to the p romulgation of the Occupation arations and restitution; refugees and displaced persons; Statute.) decartdizarion and the prevention of excessive concentra­ tion of economic power, and the prevention of discrimina­ THE EVOLUTION OF OCCUPATION POLICY tory trade practices; the observance of the state and fed­ The creation of the West German sea.cc, in ics present eral constitutions; and German incernaJ affairs insofar as form, was not contemplated at the time of the Potsdam these affect the new state's need for foreign aid. In addi­ Agreement, in July 1945. The djvision of Germany, on tion to this, the three powers reserve the right to resume security grounds, had been considered and rejected. In­ full control of German affairs if, in their judgment, this is stead, the Potsdam conferees agreed that the entire coun­ necessary for the preservation of democratic government in try should be treated as an economic whole, and that central Germany or the c.xccution of their international obliga­ administrative departments should be set up at once. They tions. They also retain a veto over all changes in the con­ looked vaguely in the direction of the reestablishment of stitutional structure of the states or in any laws heretofore a German ccnlral government at some future time, but promulgated by Military Government, as well as over any laid out oo clear road toward that goal treaties berween I.he West German government and for­ eign powers, while all changes in the federaJ constitution At the end of the war, the German state had in effect require their express approval. Outside of the fields in ceased to c.~isc. Partly because twelve )'ears of Nazi rule which power is specifically reserved to the occupation au­ had destroyed or scanered all those organized groups thorities, the new German government and the states have which might have offered a basis for no alternative go\"­ full legislative aulhority. The occupying powers also pledge crnment, and partly because Allied poli1:y had not in gen­ themselves to respect the civil rights of all persons in re­ eral gone beyond the military needs of the moment, Hit­ spect to immunity from arbitrary arrest, search, and seiz­ ler's fall left a political vacuum. The U.S.S.R. had foreseen ure; representation by counsel; prompt and fair triaJ, etc. this fact. The Free Germany Commim:e in Moscow, and . \nd they promise that within eighteen months they will its satellite groups among German exiles in other coun­ reexamine the Occupation Statute io the ught of experi­ tries~ '''ere the Sovicc answer ro the problem of German)''s ence, with a view to further extending the authority of future. But this answer was hardly calculated-even in t.he the German government in the legislative, executive and atmosphere of relative imeralLied trust which then exisled judiciaJ spheres. Meanwhile, they state that the German -Lo commend itself to the Westc:ro powers. federal and state governments will be permitted to legis­ For their own pare, the Western powe'.rs thought of post­ late even i.n the fields reserved to the occupation authori­ war Germany as an area in which all government would ties, so loag as they do not act in a manner inconsistent have to remain for some time in the bands of the occu­ with the. decisions of the latter. pation forces, and in which democracy would have to be introduced slowly and democratic forces created de novo. It is obvious that the categories of powers reserved to The immediate problem, as Western l·eaders saw it, was I.he occupation authorities are rather broad, and chat if the Lhe destruction of Nazism's military might; the postwar occupying powers so chose, they could intervene directly problem was only slightly different, since it involved the in a wide range of German domestic :Uiairs.