In the same way there is an increase in the authority of the Reich over the interior situation, the provisions according to which the Reich only has the power to legislate on posts, telegraphs, and telephones. It is true that the former constitution had put forward the principle that the posts and telegraphs of the German Empire should be organized and administered in a uniformed manner; but this provision and principle was nullified by the fact that it was not applied in Bavaria and in Wurtemberg, these states having in virtue of special treaties “particular” rights. But these rights were annulled by the present constitution.
Finally it must be noted that Articles [89] and [97] of the Constitution granted the Reich the right to administer the railroads and the waterways that served the general commerce. This right the Reich made use of in appropriating in April, 1920, the railroads belonging to the various states.
2. The second group of subjects entering the province of the Reich’s authority consisted of matters on which the Constitution gave to the Reich the right to legislate by priority, without thereby excluding the legislative authorities of the various states, so that there could exist concurrent legislation in the Reich and in the States, the states retaining the right to legislate as long as the Reich does not use its own right to legislate on these matters.
This group is defined in the Constitution by Articles [7], [8] and [9].
[Article 7] sums up briefly, as did Article 4 of the old Constitution, the province of concurrent legislation, but adds considerably to the enumeration strengthening here the unity of the Reich and adding to the subjects which enter into the concurrent legislative competence of the Reich all such important matters as assistance and care to be given to mothers, infants, children and youths; also questions relating to professional representation, to the socialization of natural wealth, to economic enterprises as well as the organization of collective enterprises. To this, strengthening still further the competence of the Reich, [Article 12], Section 2, adds that the government of the Reich has the right to veto laws passed by the states dealing with socialization, if these laws touch the well-being of the whole population of the Reich.
[Article 8] introduces in the Constitution, in spite of the violent opposition of the states, the principle of financial sovereignty of the Reich and fiscal centralization therein. This article gives to the Reich the right to take possession of all sources of revenue, stipulating, however, that it must leave to the states resources sufficient for their existence. This provision constitutes an important advance along the road to the unity of the Reich and strengthens considerably the financial competence of the Reich compared to its former situation.
[Article 9] also deals with the concurrent authority of the Reich in matters concerning the public weal and the protection of order and public security; but under this head there is the limitation, “to the extent that it shall become necessary to pass uniform legislation.” This limitation, however, is of no particular importance, for as with the matters dealt with in [Article 7] the Reich does not make use of its right of legislation except as it feels the need for it. The restriction provided by [Article 9] is explained by the fact that the authority of the Reich in these matters naturally met resistance on the part of the states and that a compromise had to be effected; they came to the agreement that the Reich would not take up these questions in advance and in the first instance.
3. Besides “exclusive” and “concurrent” legislation there is also “normative” legislation. This is provided by Articles 10 and 11 and consists in the right of the Reich to “lay down principles simply leaving the details to be enacted and carried out by the legislators of the state.”
According to [Article 10] in this kind of legislation are included matters of vital importance from the points of view of culture and of social considerations. Already in its second part the Constitution enacts a certain number of principles to which both the legislators of the Reich and of the states are subjected.
[Article 11] deals with the “normative” competence of the Reich over financial legislation of the states. It was necessary that the Reich legislate on this question for otherwise there was the fear that the states, in attending to their own financial needs, would drain sources of revenue needed by the Reich.