And the Kaiser abdicates: The German Revolution November 1918-August 1919Bouton, S. Miles (Stephen Miles)
History
And the Kaiser abdicates: The German Revolution November 1918-August 1919
Bouton, S. Miles (Stephen Miles)
Germany -- History -- Revolution, 1918; Germany -- Politics and government
The President of the Reich is elected by the direct vote of all Germans,
male and female, who have attained the age of twenty. The term of office
is seven years, and there is no limit to the number of terms for which
the same President may be elected. Every German who has reached the age
of thirty-five is eligible for the Presidency. There is no requirement
that he be a natural born citizen, nor even as to the length of time
that he must have been a citizen. A limitation of eligibility to natural
born citizens, as in the United States constitution, was considered, but
was rejected, mainly because it was expected at the time the
constitution was adopted that Austria would become a German land, and
such a provision would have barred all living Austrians from the
Presidency. There was also opposition on general principles from the
internationalists of the Left, the most extreme of whom would as soon
see a Russian or a Frenchman in the President's chair as a German.
Articles 45 and 46, defining the powers of the President, take over
almost bodily articles 11 and 18 of the imperial constitution, which
defined the powers of the Kaiser. Like the Kaiser, the President
"represents the Reich internationally"; receives and accredits
diplomatic representatives; concludes treaties with foreign powers;
appoints civil servants and officers of the army and navy, and is
commander-in-chief of the country's military and naval forces. In only
one important respect are the President's apparent powers less than the
Kaiser's were: war can be declared and peace concluded only by act of
the Reichstag and Reichsrat. Under the monarchy, a declaration of war
required only the assent of the Federal Council and even this was not
required if the country had been actually invaded by an enemy. The
President has no power of veto over legislation, but he can order that
any law be submitted to the people by referendum before it can go into
effect. He can dissolve the Reichstag at any time, as could the Kaiser,
but only once for the same reason--a limitation to which the Kaiser was
not subject. He has the general power to pardon criminals. He can, if
public safety and order be threatened, temporarily suspend most of the
provisions of the constitution regarding freedom of speech and of the
press, the right of assembly, the secrecy of postal and wire
communications, freedom of organization, security against search and
seizure in one's own dwelling, etc.
All these provisions appear to confer very extensive powers upon the
President. His appointments of diplomatic representatives do not require
the assent of a legislative body. He appoints his own Chancellor and,
upon the latter's recommendation, the ministers of the various
departments, also without requiring the assent of the legislative body.
By referring a legislative enactment to a referendum vote he exercises
what is in effect a suspensive veto.
Public-domain text, read in full here on John Shaqi.
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