The new constitution's preamble reads:
"The German people, united in its races [68] and inspired by the desire to renew and establish more firmly its state in freedom and justice, to serve the ends of peace at home and abroad and to further social progress, has given itself this constitution."
[ [68] Das Deutsche Volk, einig in seinen Stämmen. There is no adequate English translation of Stämme (plural of Stamm), except the word "tribes," which, of course, is in place only when speaking of uncivilized peoples.
"The German state [69] is a republic. The power of the state comes from the people."
[ [69] Das Deutsche Reich ist eine Republik. Revolutionary though they were, the constitution-makers could not bring themselves to discard the old name Reich, although it really means empire. Hence "state" is an inadequate translation, but it is also impossible to say that "the German Empire is a republic." The only solution appears to be the adoption of the German word Reich—a solution generally accepted in Europe.
The revolutionary nature of the change is further emphasized in article 3, which substitutes black-red-gold for the black-white-red of the old imperial flag. [70]
[ [70] Black-white-red were retained as the colors of the merchant-flag, but with the addition of the colors of the Reich in the upper inner corner.
Outwardly the most striking and apparent change of structure of the government is, of course, the fact that a president takes the place of the Kaiser, and that the various federated states are also required to have a republican form of government, with legislatures chosen by the direct, secret ballot of all male and female Germans, after the proportional election system. In fact, however, these are by no means the most important changes. "Republic" is, after all, more or less a shibboleth; the actual form and representative character of governments depend less on whether their head is a president or a hereditary monarch than on the extent to which they make it possible for the people themselves to make their will prevail quickly and effectively.
The changes wrought by the other seventeen articles of the first section are fundamental and sweeping. Their general nature is indicated at the outset, in article 2, which declares that "the territory of the Reich consists of the territories of the German lands." The choice of the name "lands" instead of states, as formerly, shows the smaller importance and lesser degree of self-government assigned to them. All the old Reservatrechte or special rights reserved by several states under the monarchy [71] are done away with. The federal government assumes the exclusive right of legislation concerning foreign relations, post, telegraphs, and telephones, coinage, immigration and emigration, and customs duties.