The German Classics of the Nineteenth and Twentieth Centuries, Volume 10: Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle
History
The German Classics of the Nineteenth and Twentieth Centuries, Volume 10: Prince Otto Von Bismarck, Count Helmuth Von Moltke, Ferdinand Lassalle
German literature -- 19th century -- Translations into English; German literature -- 20th century -- Translations into English
I do not even go so far, for none of these cases are pressed to their
logical conclusion. Let us, however, take a concrete case, which will
make these matters perfectly clear. Suppose the majority of the
Bundesrat had passed a bill with the approval of Prussia, but Prussia
had made the mistake of not calling upon the Prussian minister
designated to instruct the Prussian delegation in the Bundesrat; or
even--Prussia had consented and the minister had been present, and had
been in the minority also in the Prussian cabinet, and the emperor had
directed him to submit the resolves of the Bundesrat to the Reichstag,
to which the chancellor had replied: "I do not believe that I can
answer for this, or that my responsibility permits me to do it." Then
there results the possibility of the emperor's saying: "If that is so,
I must look for another chancellor." This did not happen; another
thing happened, namely--the resolve was not submitted. The ensuing
situation is this, that the persons entitled to complain--if there are
any--constitute the majority of the governments who passed this
resolve in the Bundesrat.
This points the proper way, and I believe in weighty questions it
would be taken to the end. In the present case if one were to make a
test of what is really right, the majority of the Bundesrat would have
to represent to His Majesty as follows: "We have passed a resolve, and
our constitutional right demands that the emperor submit it to the
Reichstag. We demand that this be done." The emperor might reply: "I
will not investigate the law of the case to see whether I am obliged
to act. I will assume that I am, and I do not refuse to act, but for
the present I have no chancellor willing to countersign the order." In
such a case can the chancellor be ordered to sign, because he shall
and must do so? Can he be threatened with imprisonment as is done with
recalcitrant witnesses? What would then become of his responsibility!
If the chancellor continues to refuse, the majority of the Bundesrat
may say to the emperor: "You must dismiss this chancellor and get
another. We insist that our resolve be laid before the Reichstag. If
this is not done, the constitution will be broken." Well, gentlemen,
why not wait and see whether this will happen, and whether those
entitled to complain will take this course, and if they do, whether
His Majesty the Emperor will not be ready to say after all: "All
right, I shall try to find a chancellor who is willing to submit the
resolve."
Public-domain text, read in full here on John Shaqi.
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