Europe -- Politics and government; Political science
*204. The Diet.*--The Diet was in no proper sense a parliamentary body,
but was rather a congress of sovereign states. Nominally, its powers
were large. They included both the regulation of the fundamental law
and the performance of the functions of ordinary legislation. But, in
practice, the authority of the body was meager and exercise of
discretion was absolutely precluded. The members, as delegates of the
princes, spoke and voted only as they were instructed. Questions
relating to the fundamental laws and the organic institutions of the
Confederation and "other arrangements of common interest" were
required to be decided by the Diet as a whole (_in Plenum_), with
voting power distributed among the states, in rough proportion to
their importance. Of the total of 69 votes, six of the principal
states possessed four each. The preparation of measures for discussion
_in Plenum_ was intrusted to the "ordinary assembly," a smaller (p. 196)
gathering in which Austria, Prussia, and nine other states had each
one vote, and six _curiae_, comprising the remaining states in groups
had likewise each a single vote. The presidency of the two assemblies
was vested permanently in Austria, and the Austrian delegation
possessed in each a casting vote. Proposals were carried in the
smaller body by simple majority, but _in Plenum_ only by a two-thirds
vote. For the enactment of fundamental laws, the modification of
organic institutions, the amendment of individual rights, and the
regulation of religious affairs, it was declared by the Federal Act
that a majority vote should be insufficient, and, although it was not
expressly so stipulated, the intent was that in such cases unanimity
should be required. Early in the Diet's history, indeed, the president
was instructed solemnly to announce that the fundamental law of the
Confederation, far from being subject to revision, was to be regarded
as absolutely final.
The Confederation was, and was intended to be, only the loosest sort
of a league of sovereign powers. The party of German unity,
represented by Stein and the Liberals generally, began by assuming it
to be a _Bundesstaat_, or true federal state; but at the opening of
the first session of the Diet (November 5, 1816) the Austrian
authorities formally pronounced it a _Staatenbund_, or federation of
states, and from this ruling, according strictly with both the facts
of the situation and the intent of the founders, there was no possible
escape. The powers and functions which were vested in the
Confederation were exercised exclusively through and upon states, and
with the private individual it had no sort of direct relation, being,
in these respects, essentially similar to the federal government of
the United States under the Articles of Confederation. The function of
the Diet, in effect, came to be little more than that of registering
and promulgating the decrees of the authorities at Vienna.
Public-domain text, read in full here on John Shaqi.
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