APPENDIX[ToC]
THE GERMAN CONSTITUTION
Introductory Note
Before the revolution of 9 November, 1918, the Constitution in force was that of 16 April, 1871—the "Constitution of the German Reich," which had replaced the "Constitution of the German Bund" of November, 1870. But the following Constitution has less in common with these later Constitutions, based on alliances between Sovereign Princes, than with the abortive "Constitution of the German Reich" of 28 March, 1849, which embodied the nationalist and democratic revolution of 1848.
The November revolution brought to power a provisional Government—the Council of People's Commissaries—which in its first proclamation of 12 November, 1918, announced that the future Constitution would be framed by a National Assembly elected by universal suffrage and proportional representation. Under electoral regulations of 30 November, 1918, elections were held on 19 January, 1919.
The National Assembly met in Weimar on 6 February, 1919, and on 10 February voted the Provisional Constitution; whereupon the Council of Commissaries resigned their authority to the Assembly. This Constitution gave the Assembly sole power to vote the Constitution; but its provisions could only be submitted with consent of a "State Committee" of representatives of the "Free States." This provisional Constitution was supplemented by an "Interim Act" of 4 March, which maintained in force previous legislation of the Reich and decrees of the Provisional Government.
The drafting of the Constitution was entrusted to Dr. Hugo Preuss, Professor of Public Law in the Commercial University of Berlin, Secretary of the Interior in the Provisional Government, and Minister of the Interior in the first Coalition Government. The Democratic Party, of which he is a member, having left the Coalition on the question of signature of the Treaty of Versailles, Dr. Preuss retained responsibility for the passage of the Constitution as Special Commissioner.
The first draft of the Constitution was published in January and was submitted to the Assembly on 21 February. It was introduced by Preuss with lengthy expositions in sessions on 28 February and 3 and 4 March, and thereafter submitted to a Committee of twenty-eight under the Presidency of the deputy Conrad Haussmann. After being completely recast in Committee it was debated in second reading 2-22 July; when the status of the Free States, the education question, and the recognition of industrial Councils were especially contested and eventually compromised. The third reading, 29-31 July, ended in its being voted by 262 to 75, the minority consisting of the Conservatives and the Independent Socialists.
CONSTITUTION OF THE GERMAN REALM
The German people united in its every branch and inspired by the determination to renew and establish the Realm in liberty and justice, to ensure peace at home and abroad, and to further social progress, has given itself this Constitution.