Germany -- History -- Revolution, 1918; Germany -- Politics and government -- 1918-1933
[6] ART. 6.--See Art. 78 as to the rights in foreign relations retained
by the Lands.
[7] See Art. 80.
[8] This simple attribution of military matters to the Reich replaces
the complicated recognitions of the "reserved rights" of the southern
States in the early drafts. See p. 257 for the importance of this
clause.
[9] The first draft gave the Reich exclusive jurisdiction over railways,
canals, and air traffic, which it now shares with the Lands.--See Art.
7, § 19.
[10] ART. 7.--This, with § 12, represents a gain to Socialism, as the
transfer of "Socialisation" to the Reich prevents indefinite obstruction
by a Conservative Landtag. See Art. 153.
[11] See Art. 171.
[12] ART. 8.--See Art. 85 for rights retained by a Landtag; also p. 254
for the general effect of this provision.
[13] ART. 10.--The earlier drafts formulated such principles as an
integral part of the Constitution.
[14] ART. 17.--What a "free State" Constitution means was not defined by
the authors of the Constitution. Its opponents argued that it might
admit of a monarchist restoration in Prussia, but this has since been
barred constitutionally by the provision that the Reich is a Republic
(Art. 1).
[15] The first draft established a single chamber legislation in the
Lands.
[16] This sentence was added apparently to bar the setting up of further
unparliamentary Räte republics in opposition to the Chambers, as in
Bavaria, Brunswick, etc.
[17] This residential qualification was added to meet objections that
otherwise Landtag elections might be influenced by an influx of outside
voters.
[18] ART. 18.--This, the most contentious article in the Constitution,
embodies the concessions made by the centralising purists--its
authors--to the federalising particularists--its critics. The history of
its phases has been given above, see p. 243. Its form in the first draft
follows:--
"It is open to the German people to establish new Free States within the
Realm, irrespective of the previous frontiers, in so far as the racial
character of the population, economic conditions, and historical
traditions favour their formation. Such new Free States should have at
least two million inhabitants.
"The union of two or more constituent States into a new Free State is
effected by governmental convention between them, subject to the
approval of the Legislatures and the Government of the Realm.
"If the population of a district wish to secede from their allegiance
and join one or more German Free States, or form a Free State, a
plebiscite is necessary. The plebiscite will be initiated by the
Government of the Land or of one or more autonomous bodies comprising at
least a quarter of the population concerned. It will be instituted by
the Government of the Realm and enforced by the local authority."
Public-domain text, read in full here on John Shaqi.
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