Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
Following the position which they took on this question, the members of
the Committee on the Constitution supported either the text adopted by
the conference of States or the project put forward by the government.
It became indispensable to know who in the last instance would decide on
the territorial distribution. The conference of states replied, that
only the states concerned should have the decision, otherwise there
remains no such thing as states. The government insisted that it alone
should be the deciding power, for it was the natural arbiter between the
states, and only it controlled the situation sufficiently to resolve the
problem in accordance with the political and economic considerations that
were involved. Only the Reich can accomplish the necessary redistribution
according to a consistent plan. Such a redistribution would have to be
regulated by a law. A third current of opinion in this question came
particularly from the champions of the creation of a Rhine republic, who
pressed for the submission of the question of territorial redistribution
to popular referendum and insisted that the will of the population thus
expressed should be the ultimate guide for territorial redistribution.
After a preliminary examination of the question the committee to which
it had been submitted presented a project according to which territorial
changes would be regulated by a law, which, however, would have to be
demanded either by the people involved or by a predominant general
interest. It would be the Reich that would decide this in the last
instance. Against this first project of the committee, objections were
raised on March 29 by the states of south Germany; and negotiations
began between the government, the representatives of these states and
those of the majority parties. On May 29, a compromise was signed which,
after slight alterations on June 5 by the Committee on the Constitution,
provided that territorial changes must be accepted in principle by the
states involved, and approved by the Reich. If the states refused their
consent these changes could not be effected except by a law that took the
form of a Constitutional provision; but this law could not be enacted
unless the populations affected demanded it or unless the preponderant
general interest required it. This new version increased the rôle of
the states but also augmented the difficulty of procedure in any
dismemberment whatsoever. It did not, however, exclude the hypothesis of
a dismemberment effected in opposition to the wishes of the interested
states.
Public-domain text, read in full here on John Shaqi.
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