Constitutional history -- United States -- Sources; Constitutional law -- United States
The diet possesses the general power of legislating for the empire; of
making war and peace; contracting alliances; assessing quotas of troops
and money; constructing fortresses; regulating coin; admitting new
members; and subjecting disobedient members to the ban of the empire,
by which the party is degraded from his sovereign rights and his
possessions forfeited. The members of the confederacy are expressly
restricted from entering into compacts prejudicial to the empire; from
imposing tolls and duties on their mutual intercourse, without the
consent of the emperor and diet; from altering the value of money; from
doing injustice to one another; or from affording assistance or retreat
to disturbers of the public peace. And the ban is denounced against
such as shall violate any of these restrictions. The members of the
diet, as such, are subject in all cases to be judged by the emperor and
diet, and in their private capacities by the aulic council and imperial
chamber.
The prerogatives of the emperor are numerous. The most important of
them are: his exclusive right to make propositions to the diet; to
negative its resolutions; to name ambassadors; to confer dignities and
titles; to fill vacant electorates; to found universities; to grant
privileges not injurious to the states of the empire; to receive and
apply the public revenues; and generally to watch over the public
safety. In certain cases, the electors form a council to him. In
quality of emperor, he possesses no territory within the empire, nor
receives any revenue for his support. But his revenue and dominions, in
other qualities, constitute him one of the most powerful princes in
Europe.
From such a parade of constitutional powers, in the representatives and
head of this confederacy, the natural supposition would be, that it
must form an exception to the general character which belongs to its
kindred systems. Nothing would be further from the reality. The
fundamental principle on which it rests, that the empire is a community
of sovereigns, that the diet is a representation of sovereigns and that
the laws are addressed to sovereigns, renders the empire a nerveless
body, incapable of regulating its own members, insecure against
external dangers, and agitated with unceasing fermentations in its own
bowels.
The history of Germany is a history of wars between the emperor and the
princes and states; of wars among the princes and states themselves; of
the licentiousness of the strong, and the oppression of the weak; of
foreign intrusions, and foreign intrigues; of requisitions of men and
money disregarded, or partially complied with; of attempts to enforce
them, altogether abortive, or attended with slaughter and desolation,
involving the innocent with the guilty; of general inbecility,
confusion, and misery.
Public-domain text, read in full here on John Shaqi.
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