Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
Only the Assembly could decide constitutional questions and could
do so without consulting anybody else. Meanwhile, however, although
keeping control the members could limit themselves, if they wished,
in authority--and this is one of the instances in the provisional
constitution characterized by its spirit of compromise--if this
limitation seemed to them in the general interest and necessary to the
prompt accomplishment of their work. In fact, the National Assembly
limited itself in this matter of the constitution only on one point,
a fundamental one--the territorial status of the states. According to
Article 4, paragraph 2, of the law dealing with that question “the
territories of the component republics cannot be modified except by their
consent.” This meant that the sovereign National Assembly did not permit
even itself to change the territorial map of Germany. Minister Preuss
explained to the Assembly that he had to make this concession, for they
could not with a stroke of the pen and by a simple decision change the
boundaries of the respective states without their consent. This provision
was necessary to reassure the states, being given especially in view of
the announced intentions of the government of the Reich on a territorial
regrouping and a partition of Prussia. But it was distinctly specified by
Preuss that this provision would hold only until the definitive action on
the Constitution by the Assembly. For in this Constitution the National
Assembly could of its own accord and without limitations take whatever
decision it wished. In other words after the definite adoption of the
Constitution the states could no longer invoke article 4, paragraph 3 of
the law of February 10, 1919, in order to oppose the operation of article
18 of the Constitution of Weimar,[7] in case an individual state were so
minded.
* * * * *
2. ORDINARY LAWS.--The National Assembly had other work to do besides
the Constitution. They recognized (Article 1 of the law of February 10,
1919) that beside the Constitution they had to vote “other urgent laws
for the Reich.” But here in contrast to the procedure in the adoption of
constitutional laws the National Assembly did not adopt laws except in
agreement with the representatives of the individual states. No project
could become a law until it was accepted both by the representatives of
the individual states and by the National Assembly. For this purpose the
law of February 10, 1919, created a Commission of States.
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