The differences between the former Bundesrat and the new Commission of States were considerable. The champions of a united Reich criticized the Commission as an obstacle to the foundation of a united German Republic and this objection seemed from their point of view justifiable. It must be noted also that the provisional constitution does not specify which, the state’s parliament or its government, in each member state nominates the delegates to the Commission. We know only that the members of the Commission of States had an imperative mandate, for its representatives defended the point of view of their governments.
A law became operative when it was adopted by both the National Assembly and the Commission of States.
3. The president of the Reich.—The Provisional Constitution placed at the head of the Reich a president.
The president of the Reich had to be elected by an absolute majority of the National Assembly. He was to remain in power until the inauguration of the president elected in conformity with the permanent constitution.
To avoid discussions which would retard the adoption of the law and not to have to specify the powers of the president the provision attributed to him generally the powers of a chief of state in a modern republic.
However, the Provisional Constitution specifically described the authority of the president on certain particular points which because of special circumstances and on account of German traditions were especially delicate. The right to declare war and to conclude peace was taken away from him and given to the National Assembly. He represented the Reich, however, in foreign relations, accredited and received ambassadors and signed treaties. But in this last respect his right was limited by two restrictions. He could not without the consent of the National Assembly and of the Commission of States conclude any treaty containing matters on which the authority rested with these bodies; and were Germany to enter a league of nations that excludes secret treaties, all the treaties with states which are members of that league would have to be submitted to the approval of the National Assembly and the Commission of States. In other words, secret treaties were in principle forbidden; but in order not to place Germany in a disadvantageous position with regard to other states it was specified that this prohibition would be effective only in regard to treaties with other states that forbade secret treaties.
4. The ministers.—The president of the Reich nominated a ministry charged with the government of the Reich.
The law specified nothing on the organization of the ministry. However, there were several provisions which clearly indicated an essentially parliamentary régime. Thus ministers could remain in power only as long as they had the confidence of the Assembly. Decrees and ordinances of the president were operative only when signed by a minister. The ministers were responsible to the National Assembly for the conduct of their departments.
The provisional constitution of February 10 became operative immediately upon its adoption.[8] Two series of acts thereupon naturally followed.