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
Two articles of the constitution, however, render all these powers more
or less illusory. Article 50 provides:
"All orders and decrees of the President, including those
affecting the country's armed forces, require for their
validity to be countersigned by the Chancellor or the
competent minister. The official who countersigns accepts
thereby the responsibility for the order or decree in
question."
A similar provision in the American constitution would be of no
importance, for the members of the cabinet are not responsible to either
the people or the Congress for their acts. Once appointed, there is no
way of getting rid of them against the will of the President, no matter
how inefficient or even harmful they may be to the best interests of the
country. The German constitution confers much more effective power upon
the people and the people's representatives. Its article 54 provides:
"The Chancellor and the ministers of the Reich require the
confidence of the Reichstag for the conduct of their offices.
Any one of them must resign if the Reichstag, by express
decision, withdraws its confidence from him."
It is readily apparent that the President's powers are greatly limited
by these two articles. As against a hostile Reichstag he is all but
powerless. The Chancellor or other member of the government required to
countersign orders or decrees knows in advance that such countersigning
means his own official suicide if the matter be one in which a majority
of the Reichstag is at odds with the President. It is apparent from a
study of the proceedings of the National Assembly and its constitutional
committee that it was intended to give the President independent powers
in respect of two important matters--the dissolution of the Reichstag
and the suspensive veto by appeal to the people--but article 50 says
unqualifiedly that "all" orders and decrees must be countersigned.
The legislative functions of the Reich are vested in the Reichstag and
the Reichsrat, or Council of the Reich, which succeeds the Federal
Council of the monarchy. The members of the Reichstag are elected by
direct vote of the people for a term of four years, after the
proportional election system. The Reichstag must convene for the first
time not later than thirty days after the election, which must be held
on a Sunday or a public holiday, and the election for the succeeding
Reichstag must be held within sixty days from the date of the expiration
or dissolution of the preceding one. It convenes regularly on the first
Wednesday of every November. The President of the Reichstag must call an
extraordinary session at the demand of the President of the Reich or
when a third of the members of the Reichstag itself demand it.
Public-domain text, read in full here on John Shaqi.
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