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
[74] Original drafts of the constitution, as well as the
provisional constitution adopted in February, provided that
no state should have more than one-third of the total number.
Prussia, with four-sevenths of the total population of
Germany, successfully opposed this attempt to reduce her
representation so disproportionately. She was, however,
compelled to accept a provision that half her representatives
should be appointed by the state government and the other
half by the provincial governments. In the other lands the
state government appoints all the representatives.
The fifth section of the constitution containing articles 68 to 77
inclusive, is devoted to the legislative functions of the Reich. Article
68 reads:
"Bills are proposed by the government of the Reich[75] or by the
members of the Reichstag.
[75] "The government of the Reich" or "the Reich government"
means the Chancellor and all the ministers of his cabinet.
"The laws of the Reich are enacted by the Reichstag."
While the Reichsrat cannot directly propose legislative measures,
however, it can compel the government to submit to the Reichstag
measures drafted by it. If the government be in disagreement with the
Reichsrat, it must accompany its submission with a statement of its
attitude toward the measure in question. The Reichsrat, while it cannot
take any positive part in enacting legislation, has the right to vote
disapproval of any measure enacted by the Reichstag, and such
disapproval acts as a suspensive veto. In such case, the measure goes
back to the Reichstag. If the Reichstag reenacts it by a two-thirds
majority, the President of the Reich must duly proclaim the law within
three months or else order a popular referendum. If a smaller majority
than two-thirds again votes in favor of the measure, the President may
order a referendum within three months thereafter. If he fail to do
this, the measure is lost.[76]
[76] This seems to be the sole instance in which the President
possesses any real, independent power. In such a case it
would be possible for him to ally himself with the Reichsrat
against both Reichstag and government, for he cannot be
compelled to order a referendum.
The express approval by the Reichsrat of proposed legislation is not
required for its enactment. It must express its disapproval within two
weeks after an act has been passed finally by the Reichstag; if it fail
to do so, the act becomes law.
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