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 provisions regulating the amendment of the constitution are more
definite than those of the United States constitution, and they also
make it possible for the voters to make their will known by the
democratic method of the direct ballot.[77] Amendments originating with
the Reichstag or government may be adopted by the same procedure as is
prescribed for ordinary legislative measures, except that two-thirds of
two-thirds of all members, i.e., four-ninths of the whole house, must
vote for them.[78] A tenth of the registered voters of the country may
present a draft of a proposed amendment, as is provided for ordinary
bills, and this amendment must be referred to a vote of the people
unless the Reichstag adopt it unchanged. For the adoption of an
amendment by referendum the affirmative vote of a majority of the
registered voters is required.[79]
[77] The United States Supreme Court has decided that the
constitutional requirement of a vote of "two-thirds of both
houses" (art. v) for amendments does not mean two-thirds of
both houses, but merely two-thirds of a quorum of both
houses. It has further decided that the people of the various
states have no right to vote directly upon constitutional
amendments; they are confined to indirect representation
through their legislatures.
[78] Every European people regards its constitution merely as a
fundamental law, and ascribes no sacrosanct character to it.
Hence the departure from the American requirement of an
affirmative vote of three-fourths of the states. On the other
hand, the framers of the Weimar constitution, by providing
for a direct vote of the people, rendered it impossible for
an aggressive and unscrupulous minority to force through an
amendment against the wishes of a majority of the people.
[79] The question of the return of the monarchy in some form is
and will be for some years chiefly of academic interest, but
it will be noted that, from a purely juristic viewpoint, a
monarchy can be re-established at any time by a bare majority
of all German men and women twenty years of age or over, and
that one-tenth of the voters, or somewhat less than four
millions, could at any time force a vote on the question.
Seven articles deal with the judicial department of the government. They
make no important changes from the old constitution, except that
courts-martial are forbidden except in time of war or aboard warships.
An attempt by the parties of the Left to do away with state courts and
place the dispensing of justice solely in the hands of the federal
courts failed.
The second "main division" of the constitution deals with the
"fundamental rights and fundamental duties of the Germans." Excluding
fifteen "transitional and concluding decrees," the constitution contains
165 articles. No less than 56 of these, or more than one-third, are
devoted to sections bearing the following titles:
Public-domain text, read in full here on John Shaqi.
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