Prussia, 26; Bavaria, 10; Saxony, 7; Wurtemberg, 4; Baden, 3; Thuringia, 2; Hesse, 2; Hamburg, 2; Mecklenburg-Schwerin, 1; Oldenburg, 1; Brunswick, 1; Anhalt, 1; Bremen, 1; Lippe, 1; Lübeck, 1; Mecklenburg-Strelitz, 1; Waldeck, 1; Schaumburg-Lippe, 1.
[ [74] Original drafts of the constitution, as well as the provisional constitution adopted in February, provided that no state should have more than one-third of the total number. Prussia, with four-sevenths of the total population of Germany, successfully opposed this attempt to reduce her representation so disproportionately. She was, however, compelled to accept a provision that half her representatives should be appointed by the state government and the other half by the provincial governments. In the other lands the state government appoints all the representatives.
The fifth section of the constitution containing articles 68 to 77 inclusive, is devoted to the legislative functions of the Reich. Article 68 reads:
"Bills are proposed by the government of the Reich [75] or by the members of the Reichstag.
[ [75] "The government of the Reich" or "the Reich government" means the Chancellor and all the ministers of his cabinet.
"The laws of the Reich are enacted by the Reichstag."
While the Reichsrat cannot directly propose legislative measures, however, it can compel the government to submit to the Reichstag measures drafted by it. If the government be in disagreement with the Reichsrat, it must accompany its submission with a statement of its attitude toward the measure in question. The Reichsrat, while it cannot take any positive part in enacting legislation, has the right to vote disapproval of any measure enacted by the Reichstag, and such disapproval acts as a suspensive veto. In such case, the measure goes back to the Reichstag. If the Reichstag reenacts it by a two-thirds majority, the President of the Reich must duly proclaim the law within three months or else order a popular referendum. If a smaller majority than two-thirds again votes in favor of the measure, the President may order a referendum within three months thereafter. If he fail to do this, the measure is lost. [76]
[ [76] This seems to be the sole instance in which the President possesses any real, independent power. In such a case it would be possible for him to ally himself with the Reichsrat against both Reichstag and government, for he cannot be compelled to order a referendum.
The express approval by the Reichsrat of proposed legislation is not required for its enactment. It must express its disapproval within two weeks after an act has been passed finally by the Reichstag; if it fail to do so, the act becomes law.
One is again impressed by the importance assigned to the Reichstag, the direct creation of the people. The national government is responsible to it, as is also the President through the provision that all his decrees must be countersigned by a member of the government. A two-thirds majority of the Reichstag can overrule the Reichsrat, and the same number can impeach the President or any member of the government, or even submit directly to the people the question as to whether the President shall be recalled. Its decision to hold such a referendum automatically inhibits the President from exercising any of the functions of his office.