Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The problem is therefore to institute in a Republic what now exists only
in parliamentary monarchies, that is, a chief of state sufficiently
powerful to act as a balance to the Parliament and to control the latter
in the name of the people without, however, giving him such a power as,
in abusing it, would enable him to dominate or annihilate the rights of
the Parliament and to establish an anti-democratic rule. Let us see how
the German Constitution has solved this problem.
2.--THE ELECTION OF THE PRESIDENT AND THE LENGTH OF HIS TERM.
To give the President of the Reich the authority and the independence
which it deemed necessary, the National Assembly insured him a very
strong personal position.
To this end the Constitution declares first of all that he shall be
elected by the whole German people (Article 41); that is, the plebiscite.
The President is elected by the same electors as Parliament itself.
Thus, President and Reichstag issue from the same source, the pure
popular will. Thus, there is the certitude that if one of these two
organs rejects the direction desired by the people or deviates from the
direction desired by the people, the other organ will immediately be able
to apply the necessary corrective. The President can be the sought-for
counter-balance to the authority of the Reichstag, for he is truly the
man entrusted by the people, delegated by them to rule with the Reichstag.
This system is not without danger. We have seen it in Germany itself when
in March, 1920, the rumour spread that Marshal Hindenburg would be a
candidate for the presidency of the Reich, a candidacy expressly approved
by the former Emperor, one which seemed to open the way for a monarchical
restoration. The Social Democrats thereupon declared that the election
of the President by the whole people was an institution republican
only in appearance; that it was in reality much more monarchical than
republican; that the President elected by the people could arrogate to
himself a power which would weigh heavily on the functioning of the
governmental machinery; that to institute the election of a President by
the people would subject his person to disputes and attacks which would
leave his dignity seriously compromised. They, the Social Democrats,
foresaw the possibility of supporting again a proposition which they had
already made during the discussion on the Constitution, but which they
had withdrawn, according to which the President would have to be elected
by the Reichstag. The Democrats, alarmed by the prospect of a conflict
that could arise between the Reichstag and a President elected by the
people, seemed ready to support such a proposition. The Centre abstained
from a decision on this matter. But nothing could be done without the
Centre, for since this was a matter of constitutional amendment a
majority of two-thirds of the National Assembly was indispensable, and it
could not be obtained without the Centre. The _coup d’état_ of Kapp and
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