Germany -- Politics and government -- 1918-1933; Germany. Verfassung (1919)
There are only collectivities that are according to different
circumstances more or less broad in power. They differ one from another
not in quality or in nature but in the quantity, in the total powers
which they may exercise. Here all one can ask is, whether the states, as
they are defined by the Constitution, resemble more the type generally
called a state, or the type generally called autonomous province; and one
can say, if one wishes, that they are more the former than the latter.[17]
2.--PRUSSIA AND THE REICH.
There is a second question of more immediate interest; and that is to
know how the political forces in the Reich are divided and in what
relation they find themselves one to another.
The Constitution has increased the power of the central state already
great under the old régime as compared with the individual states; the
states have lost considerably in their importance and this in the measure
that the Reich has gained. They have undoubtedly the theoretical right to
legislate; but the Reich legislates on all matters of any importance and
the legislative domain of the states is thereby reduced almost to nothing.
They have in principle judiciary and administrative services, but in
all important respects such as relations with foreign states, military
administration, railroads, waterways, posts and telegraphs, their
authority has been taken away; the whole domain of financial legislation
has also passed to the Reich and they can no longer exist except through
subsidies from the Reich.
They have a territorial sovereignty; but a constitutional law, and in
certain cases even an ordinary law may modify that territory against
their will.
They still have their citizens; but every German may exercise in every
state of the Reich the same rights and duties as those exercised by a
citizen of his own state.
In reality the states no longer count and the Reich is all powerful. Such
is the situation in which the centralizing tendencies of the Constituent
Assembly have culminated. But we come back to it in a problem that
presents itself as follows: Has Prussia retained the hegemony which it
exercised actually under the Empire and has it kept it to the extent
that any increase in the centralizing character of the republic will
only increase the power of Prussia in the Germany of to-day? Professor
Schücking said one day to the National Assembly that all history of
Germany past and future can be summed up with, “Up to 1867 Prussia was
against the Reich; from 1867 to 1918 Prussia was above the Reich; the
Reich must hereafter be above Prussia.”[18] Will this consummation ever
be attained? To what extent has the Prussian hegemony been diminished
since November, 1918?
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