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.
[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.