are to be assigned to the provinces of Prussia, which thus for
the first time will obtain direct representation in the Reich on
the same footing as the other territories. At present there are
65 votes in the Council of the Reich; of these Prussia has 26,
of which 13 are to be assigned to her 13 provinces, including
Berlin as a province.
In composition and external aspect the Reichsrat is undeniably the successor of the old Federal Council (Bundesrat); but its real character and its constitutional position are essentially different. The Federal Council was the real seat of the authority of the Government and of the Prussian hegemony. Its President, the Imperial Chancellor, was at the same time Prussian Minister- President, and it was this that gave him real power; the direction of the Empire was very intimately connected with the Govern- ment of the Prussian State. In legislation the Federal Coun- cil had constitutional equal rights with the Reichstag, and as it likewise was in possession of the powers of Government, it actually predominated over the Reichstag. The Imperial Chancellor could not introduce any measure into the Reichstag without the assent of the Federal Council; and no measure or resolution passed by the Reichstag could come into force if the Federal Council did not agree to it. This position of the Federal Council had been the barrier against progress in the parliamen- tary system in imperial Germany, for it rendered impossible a Government really responsible to the Reichstag. In all these aspects the position of the Federal Council has now been so transformed that the path has been cleared in the German Republic for parliamentarism. The Reichsrat is presided over by a member of the Government of the Reich ; but that Govern- ment is now entirely independent of the Prussian Government, and it is also independent of the Council of the Reich. It is not the Council but the Ministry of the Reich which conducts the Government and administration and issues general ordinances. Only in so far as the execution of the laws of the Reich falls within the competence of the authorities of the territories is the assent of the Reichsrat required for this purpose. For the rest, the Ministers of the Reich have to keep the Council informed regarding the conduct of the affairs of the Reich and to consult its committees in matters of importance. The Government of the Reich lays its bills in the first instance before the Reichsrat. If the Council rejects them, this does not bar the way to the Reichstag; the Government can introduce its bill together with an exposition of the dissentient views of the Council. The Council has the right to enter an objection to bills passed by the Reichstag; in that case the bill goes back to the Reichstag. If the Reichstag maintains its vote by a two-thirds majority the objection of the Council falls to the ground, unless the President of the Reich ordains that there shall be a popular referendum on the subject. If, however, the Reichstag only votes by a simple majority against the objection of the Council the bill is dropped, unless the President of the Reich institutes a referendum on the matter. The Reichsrat has thus a suspensory veto; the real seat of legislation is the Reichstag.
Neither the President nor the Government of the Reich possesses the right of veto on legislation; they must dispatch the laws which have been constitutionally enacted and must promulgate them within a month's time in the official Law Gazette of the Reich (Reichsgesetzblatt). The President can, however, submit a law passed by the Reichstag to the referendum within the month's period. Moreover, the promulgation of a law must be postponed for two months, if one-third of the members of the Reichstag demand this, and if the law has not been declared urgent by the Reichstag and the Reichsrat. If promulgation is postponed the law must be submitted to a referendum, if one-twentieth of the total electorate request it. The initiative in legislation is also admissible by way of the referendum; this is designated the popular demand ( Volksbegeh- ren). The popular demand must be based upon a fully drafted bill, the submission of which must have been demanded by one- tenth of the electorate. If such a demand has been brought forward the Governnent lays the bill, accompanied by an expression of its own opinion, before the Reichstag; if the
Reichstag does not pass the bill without any alteration the final decision must be taken by a referendum. On the budget, on taxation bills and on votes for salaries the President alone can institute a referendum. Bills and resolutions passed by the Reichstag can be annulled by the referendum only if the majority of the whole electorate has participated in the popular vote. If it is a case of an alteration of the constitution for which a popular demand has been advanced, the assent of the major- ity of the whole electorate is requisite for the validity of the popular decision. For the rest, decisions of the Reichstag for alterations in the constitution can only be effected if two-thirds of the legally qualified members are present and if at least two- thirds of those present vote. Similarly in the Reichsrat laws for altering the constitution require a two-thirds majority. If the Reichstag has voted an alteration of the constitution to which the Reichsrat objects, the President of the Reich may only pro- mulgate the alteration if the Reichsrat does not within a period of two weeks demand a referendum on the subject.
The referendum has hitherto been tried on a comparatively small scale only, as in Switzerland and in individual American states. On so large a scale and with a mass of some 37 millions of voters it will now, under the new constitution of the German Reich, be tried for the first time. This is an experiment which cannot be made without some misgivings; there are circum- stances in which it might seriously complicate legislative procedure. In view of the situation in Germany, however, this modification of pure parliamentarism in favour of the direct intervention of democracy was necessary. The hope may be entertained that it will have the effect of promoting the political education of the masses; the precautions which have just been enumerated will at any rate militate against its abuse.
5. Fundamental Rights. In the distribution of tasks between the Reich and the territories the new constitution like the old defines only the competence of the Reich, and tacitly leaves everything else to the competence of the territories. But the sphere of this competence of the Reich is materially broadened and more strictly outlined as compared with the old arrangements. The constitution of the Reich prescribes for all the German territories the republican form of government and popular representation based, like the Reichstag, upon equality of franchise; upon this representation the Government of the territory must lean. The same suffrage is also prescribed for the communal representative bodies.
In respect of legislation the competence of the Reich ipso facto excludes the competence of the territories for a variety of subjects, in particular for foreign relations, questions of citizen- ship 1 or nationality, freedom of migration within the Reich, emigration and immigration, extradition; similarly for the organization of the national forces and for coinage, customs, commerce, posts and telegraphs. For a very large number of other subjects the legislation of the Reich is also competent, but the territories also retain their competence as regards these subjects until the Reich exercises its prerogative. Besides this, the Reich can, in case of need, enact uniform laws dealing with public welfare and for the preservation of public order and security; and it can lay down principles for dealing with religious societies, schools, the legal status of officials, land laws, etc. In the matter of taxation the competence of the legislation of the Reich is almost unlimited. The law of the Reich prevails over the law of the territory that is to say, territorial laws which contradict laws of the Reich are of no effect. In case of dispute the decision of the Supreme Court (Reichsgericht) may be invoked.
In administration, too, the direct competence of the Reich extends to the most important spheres, embracing foreign policy, military forces and navy, communications, especially posts, telegraphs, railways, inland navigation and waterways, customs and, for the most part, taxation as well. For the rest the laws of the Reich are executed by the administration of the territories, so far as these laws do not otherwise provide. Over this part
1 A German is both a citizen of the Reich and of the German territory or state (e.g. Prussia or Bavaria) to which he belongs.
