SEYDEL, MAX VON. Commentar zum Verfassungs-Urkunde für das deutsche Reich. (2d ed., Freiburg, 1897.) ZORN, PHILIPP. Das Staatsrecht des deutschen Reiches. (2d ed., Berlin, 1895-97. 2 vols.) COMBES DE LESTRADE, G. Les monarchies de l'empire allemand; organisation constitutionnelle et administrative. (Paris, 1904.) The most satisfactory account of government in the German states. HUE DE GRAIS. Handbuch der Verfassung und Verwaltung in Preussen und dem deutschen Reiche. (18th ed., Berlin, 1907.) A brief treatise which may almost be called a classic in its field. MAYER, OTTO. Deutsches Verwaltungsrecht. (Leipzig, 1895-96. 2 vols.) The best book upon German administrative law. A French translation has been made by the author (Paris, 1903-06. 4 vols.). CONSTITUTION OF THE GERMAN EMPIRE 1 His Majesty the King of Prussia, in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Württemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and Rhenish Hesse for those parts of the Grand Duchy of Hesse lying south of the Main, conclude an eternal alliance for the protection of the territory of the Confederation, and of the rights of the same as well as for the promotion of the welfare of the German people. This Confederation shall bear the name of the German Empire, and shall have the following Constitution : I. FEDERAL TERRITORY ARTICLE I. The territory of the Confederation shall consist of the states of Prussia with Lauenburg, Bavaria, Saxony, Württemberg, Baden, Hesse, Mecklenburg-Schwerin, SaxeWeimer, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe 1 1 In the preparation of this text use has been made of the translation in Howard's German Empire, and of that issued by Professor E. J. James (2d ed., Philadelphia, 1899). Meiningen, Saxe-Altenburg, II. LEGISLATION OF THE EMPIRE ART. 2. Within this federal territory the Empire shall exercise the right of legislation in accordance with the provisions of this constitution; and the laws of the Empire shall take precedence of the laws of the states. The laws of the Empire shall receive their binding force by imperial promulgation, through the medium of an imperial gazette. If no other time is designated for the published law to take effect, it shall become effective on the fourteenth day after its publication in the Imperial Gazette at Berlin. ART. 3. There shall be a common citizenship for all Germany, and the members (subjects or citizens) of each state of the Confederation shall be treated in every other state as natives, and shall accordingly have the right of becoming permanent residents; of carrying on business; of filling public offices; of acquiring real estate; of obtaining citizenship, and of enjoying all other civil rights under the same conditions as those born in the state, and shall also have the same treatment as regards judicial remedies and the protection of the laws. No German shall be limited in the exercise of these rights by the authorities of his native state, or by the authorities of any other state of the confederation. The regulations governing the care of paupers and their admission into the various local unions, shall not, however, be affected by the principle enunciated in the first paragraph. In like manner, until further action, those treaties shall remain in force which have been concluded between the several states of the Confederation in relation to the taking over of persons liable to be deported, the care of sick and the burial of deceased citizens. With respect to the performance of military service in the several states, the necessary laws will be passed by the Empire. As against foreign countries all Germans shall have an equal claim upon the protection of the Empire. ART. 4. The following matters shall be under the supervision of the Empire and subject to imperial legislation: 1) Regulations with respect to the freedom of migration; matters of domicile and settlement; citizenship; passports; surveillance of foreigners; trade and industry, including insurance; so far as these matters are not already provided for by Art. 3 of this constitution, in Bavaria, however, exclusive of matters relating to domicile and settlement; and likewise matters relating to colonization and emigration to foreign countries. 2) Legislation concerning customs duties, commerce, and such taxes as are to be applied to the uses of the Empire. 3) Regulation of weights and measures; of the coinage; and the establishment of the principles for the issue of funded and unfunded paper money. 4) General banking regulations. 5) Patents for inventions. 6) The protection of intellectual property. 7) The organization of a general system of protection for German trade in foreign countries, of German navigation, and of the German flag on the high seas; and the establishment of a common consular representation, which shall be maintained by the Empire. 8) Railway matters, subject in Bavaria to the provisions of Art. 46; and the construction of land and water ways for the purposes of public defense, and of general commerce. 9) Rafting and navigation upon waterways which are common to several states, the condition of such waterways, river and other water dues [and also the signals of maritime navigation (beacons, buoys, lights, and other signals)].2 The last clause of this section was added by law of March 3, 1873. 10) Postal and telegraph affairs; in Bavaria and Württemberg, however, only in accordance with the provisions of Art. 52. II) Regulations concerning the reciprocal execution of judicial sentences in civil matters, and the fulfilment of requisitions in general. 12) The authentication of public documents. 13) General legislation as to the whole domain of civil and criminal law, and judicial procedure.3 14) The imperial military and naval affairs. 15) Police regulation of medical and veterinary matters. 16) Laws relating to the press, and to the right of association. ART. 5. The legislative power of the Empire shall be exercised by the Bundesrat and the Reichstag. A majority of the votes of both bodies shall be necessary and sufficient for the passage of a law. With respect to laws concerning the army, or navy, or the taxes specified in Art. 35, the vote of the praesidium shall decide in case of a difference of opinion in the Bundesrat, if such vote be in favor of the maintenance of existing arrange ments. III. THE BUNDESRAT ART. 6. The Bundesrat shall consist of representatives of the members of the Confederation, among which the votes shall be divided in such manner that Prussia with the former votes of Hanover, Electoral Hesse, Holstein, Nassau, and Frankfort shall have 17 votes; Bavaria, 6; Saxony, 4; Württemberg, 4; Baden, 3; Hesse, 3; Mecklenburg-Schwerin, 2; Saxe-Weimar, 1; Mecklenburg-Strelitz, I; Oldenburg, I; Brunswick, 2; Saxe-Meiningen, 1; Saxe-Altenburg, 1; Saxe 3 As amended December 20, 1873. The original text read: "General legislation concerning the law of obligations, criminal law, commercial law and commercial paper, and judicial procedure." Coburg-Gotha, 1; Anhalt, 1; Schwarzburg-Rudolstadt, I; Schwarzburg-Sondershausen, 1; Waldeck, 1; Reuss, elder line, 1; Reuss, younger line, 1; Schaumburg-Lippe, 1; Lippe, 1; Lübeck, I; Bremen, 1; Hamburg, I-total, 58 votes. Each member of the Confederation may appoint as many delegates to the Bundesrat as it has votes, but the votes of each state shall be cast only as a unit. ART. 7. The Bundesrat shall take action upon : 1) The measures to be proposed to the Reichstag, and the resolutions passed by the same. 2) The general administrative provisions and arrangements necessary for the execution of the imperial laws, so far as no other provision is made by law. 3) The defects which may be discovered in the execution of the imperial laws, or of the provisions and arrangements heretofore mentioned. Each member of the Confederation shall have the right to make propositions and introduce motions, and it shall be the duty of the praesidium to submit them for deliberation. Decision shall be reached by simple majority, with the exceptions provided for by Arts. 5, 37, and 78. Votes not represented or not instructed shall not be counted. In the case of a tie, the vote of the praesidium shall decide. When legislative action is taken upon a subject which, according to the provisions of this constitution, does not concern the whole Empire, only the votes of those states of the Confederation interested in the matter in question shall be counted. ART. 8. The Bundesrat shall appoint from its own members permanent committees: 1) On the army and the fortifications. 2) On marine affairs. 3) On customs duties and taxes. 4) On commerce and trade. 5) On railroads, posts, and telegraphs. |