Germany -- History -- Revolution, 1918; Germany -- Politics and government -- 1918-1933
The German nation has pronounced upon and passed this constitution
through its National Assembly. It comes into force on the day of its
proclamation.
(Signed) PRESIDENT EBERT.
Ministers ERZBERGER, MULLER, DAVID NOSKE,
SCHMIDT, SCHLICKE, GIESBERTS, MAYER, BELL.
_Schwarzburg, 11th August, 1919._
NOTES.
[1] ART. 1.--The whole character of this Constitution is contained in
this provision that the "Reich" is a republic. It was introduced in
order to convey that new Germany, while retaining the ancient title and
tradition of "Reich," had given it a new significance, and that thereby
no concession was intended either to Monarchists or Imperialists or
Militarists.
Therefore "Reich" is not to be translated Empire. Commonwealth would
perhaps be the best rendering, but Realm will be used here as more
convenient.
[2] This clause is of crucial importance. Henceforward all sovereignty
is of the German people and not of the princes or principalities. The
German Bund of 1815 was a mere confederation between sovereigns or
Staaten Bund. The North German Bund of 1866 was a federation of
semi-sovereigns, or Bundes Staat. The present German Republic is still a
Federal State, but sovereignty is inherent in the people, not in the
constituent governments.
[3] ART. 2.--The transformation of this Constitution from a centralised
republic into a confederation and back to a federation has been reviewed
already. The word "lander" is literally translated for this and other
reasons.
[4] ART. 3.--"Whether these colours black-red-gold, are really the
colours of the ancient Reich, which historians dispute, or are those of
the Lutzow Free Company, we look rather to the political ideals and aims
associated with them during the nineteenth century. It was the idea of
political freedom and of national unity that kept the black-red-gold, an
honoured symbol in German Austria long after the black-white-red had
flown over the German Empire. As the historian Constantine Franz has
said, in mediæval times there was an Austro-Germany, in modern times a
Prusso-Germany, and now there must be a German Germany."--Dr. Preuss,
introductory speech, 24th February, 1919.
The clause as it stands is a compromise between the "Right," who wished
to retain the black, white, and red, and the "Left," who wanted the red
flag. A compromise in which the Right have as elsewhere had the best of
it--as the red flag is not allowed.
[5] ART. 4.--"German Democracy can only welcome a League of Nations that
has itself a really democratic constitution and that recognises without
reserve or restriction the liberty and equality of all its members. We
shall have no members of inferior status in our commonwealth, but
neither will we be of inferior status in the League of Nations."--Dr.
Preuss, speech introducing the Draft Constitution, February, 1919. The
phases of this clause have been reviewed above, see p. 236.
Public-domain text, read in full here on John Shaqi.
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