Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
The modes of applying these high executive powers are extremely variable
and, according to circumstances, the measures prescribed constitute a
menace more or less grave to the rights of the individual. In serious
situations all the authority goes to the Minister of War, who may
exercise them himself or transmit them to his subordinates, and who
is assisted in civil administration by a Commissioner of the Cabinet.
Penalties are enacted; arson, the illegal use of explosives, flooding,
damage done to railways, and resistance to legal officers in the
course of a riot are punishable by death. Extraordinary court-martials
are created and invested with broad authority. The military powers
may even institute court-martials appointed by the commanders of the
troops charged with suppressing the disorders and presided over by an
officer of these troops.[43] In less serious situations the authority
in the territory involved is given over to a commissioner of the civil
government, nominated by the Minister of the Interior. The liberty of
individuals is suspended, but certain guarantees are retained. Prison
sentences and fines are instituted. Between these two extreme types of
state of siege there is a whole gamut of provisions more or less severe;
and almost daily new ordinances appear establishing the state of siege in
this region, sharpening it in another, relaxing here and abolishing it
there. There are territories declared in a state of siege in which this
abnormal situation is not manifested by a single practical restriction;
it is there only a measure of precaution on the part of the government.
But there are others where repressions of a terribly brutal nature take
place.
The only limit that the Constitution has provided to this omnipotence of
the executive power consists in the obligation it places on the President
to acquaint the Reichstag with all the measures he has taken by virtue
of Article 48; and in the right that is given by the Constitution to the
Reichstag to demand that he withdraw these measures. It is because of
such a demand that the Cabinet was compelled on May 28, 1920, to abolish
the then state of siege throughout the whole Reich, except in the Ruhr,
to permit the elections of June 6 to be held under normal conditions.
* * * * *
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