Translation:Frankfurt Constitution

by Frankfurt Parliament

The German Constituent National Assembly has decided and proclaimed as the Imperial Constitution:

Constitution of the German Empire.

Section I. The Empire.

Article I.

§. 1.

[1] The German Empire consists of the territory of the former German Confederation.

[2] The determination of the relations of the Duchy of Schleswig is reserved.

§. 2.

[1] If a German state shares the same head of state with a non-German state, the German state shall have a separate constitution, government, and administration from the non-German state. Only German citizens may be appointed to the government and administration of the German state.

[2] The Imperial Constitution and Imperial legislation shall have the same binding force in such a German state as in the other German states.

§. 3.

If a German state shares the same head of state with a non-German state, this head of state must either reside in their German state or a regency must be established therein constitutionally, to which only Germans may be called.

§. 4.

Apart from existing connections between German and non-German states, no head of state of a non-German state shall concurrently govern a German state, nor shall a sovereign ruling in Germany accept a foreign crown without relinquishing their German government.

§. 5.

The individual German states retain their independence, insofar as it is not limited by the Imperial Constitution; they possess all sovereign powers and rights, unless expressly transferred to Imperial authority.

Section II. The Imperial Authority.

Article I.

§. 6.

[1] The Imperial Authority exclusively exercises, in relation to foreign countries, the international representation of Germany and the individual German states.

[2] The Imperial Authority appoints the imperial envoys and consuls. It conducts diplomatic relations, concludes alliances and treaties with foreign countries, including trade and navigation agreements, as well as extradition treaties. It regulates all measures of international law.

§. 7.

[1] The individual German governments do not have the right to receive or maintain permanent envoys.

[2] Nor are they allowed to maintain separate consuls. Consuls of foreign states receive their exequatur from the Imperial Authority.

[3] The dispatch of representatives to the Imperial Head is not prohibited to the individual governments.

§. 8.

[1] The individual German governments are authorized to conclude treaties with other German governments.

[2] Their authority to conclude treaties with non-German governments is limited to matters of private law, neighboring traffic, and policing.

§. 9.

All treaties not purely private in nature, concluded by a German government with another German or non-German government, shall be submitted to the Imperial Authority for notification and, if the imperial interest is involved, for confirmation.

Article II.

§. 10.

The exclusive right to declare war and peace belongs to the Imperial Authority.

Article III.

§. 11.

The entire armed forces of Germany are at the disposal of the Imperial Authority.

§. 12.

[1] The Imperial Army consists of the entire land forces of the individual German states designated for war purposes. The strength and nature of the Imperial Army shall be determined by the law on military organization.

[2] Those states with fewer than 500,000 inhabitants shall be merged by the Imperial Authority into larger military units, which shall then be under the direct command of the Imperial Authority, or shall be attached to an adjacent larger state.

[3] The specific conditions of such a merger shall be determined in both cases by agreement between the states concerned under the mediation and approval of the Imperial Authority.

§. 13.

[1] The Imperial Authority exclusively has legislation and organization in regard to the military; it supervises their implementation in the individual states through continuous control.

[2] The individual states have the right to develop their military system based on imperial laws and the orders of the Imperial Authority, within the limits of the agreements made under §. 12. They have control over their armed forces, as far as they are not required for imperial service.

§. 14.

The oath of allegiance shall include the obligation to loyalty to the Imperial Head and the Imperial Constitution in the first place.

§. 15.

All costs arising from the use of troops for imperial purposes, exceeding the peace establishment set by the Empire, shall be borne by the Empire.

§. 16.

A special imperial law shall establish a general military organization for the whole of Germany.

§. 17.

[1] The governments of the individual states retain the appointment of commanders and officers of their troops, to the extent required by their strength.

[2] For the larger military units, where troops from several states are combined, the Imperial Authority appoints the joint commanders.

[3] For war, the Imperial Authority appoints the commanding generals of the independent corps, as well as the personnel of the headquarters.

§. 18.

[1] The Imperial Authority has the authority to establish imperial fortifications and coastal defense works and, to the extent that the security of the Empire requires it, to declare existing fortifications as imperial fortresses, subject to fair compensation, especially for the inherited war material.

[2] The imperial fortresses and coastal defense works of the Empire shall be maintained at imperial expense.

§. 19.

[1] Naval power is exclusively the concern of the Empire. No individual state is allowed to maintain warships or issue letters of marque.

[2] The crew of the naval fleet forms part of the German armed forces. It is independent of the land forces.

[3] The quota of personnel provided by an individual state for the naval fleet shall be deducted from the number of land troops to be maintained by it. Details regarding this, as well as regarding the cost-sharing between the Empire and the individual states, shall be determined by an imperial law.

[4] The appointment of officers and officials of the naval forces is solely the prerogative of the Empire.

[5] The Imperial Authority is responsible for the equipment, training, and maintenance of the naval fleet and the establishment, equipment, and maintenance of naval bases and arsenals.

[6] Imperial laws shall determine the necessary expropriations for the establishment of naval bases and naval establishments, as well as the powers of the imperial authorities to be employed in this regard.

Article IV.

§. 20.

[1] The maritime shipping facilities at sea and in the mouths of German rivers (ports, buoys, lightships, pilotage, fairways, etc.) shall remain under the care of the individual coastal states. They shall maintain them from their own funds.

[2] An imperial law shall determine to what extent the mouths of the individual rivers are to be counted.

§. 21.

[1] The Imperial Authority has supervisory authority over the facilities and institutions.

[2] It has the right to require the relevant states to properly maintain them, and to expand and extend them from the funds of the Empire.

§. 22.

The charges levied on ships and their cargoes for the use of maritime shipping facilities at the common rivers and the mouths of the tributaries flowing into them, such as harbor, crane, weigh, storage, lock, and similar fees, must not exceed the costs necessary for the maintenance of such facilities. They are subject to the approval of the Imperial Authority.

§. 23.

[1] In regard to these charges, all German ships and their cargoes shall be treated equally.

[2] A higher levy on foreign navigation may only be imposed by the Imperial Authority.

[3] The surplus charge from foreign navigation shall flow into the imperial treasury.

Article V.

§. 24.

[1] The Imperial Authority has legislative authority and supervisory authority over rivers or lakes flowing through or bordering the territory of several states and over the mouths of the tributaries falling into them, as well as over navigation and rafting on them, insofar as it is required for the protection of the Empire or the interest of general traffic.

[2] An imperial law shall determine how the navigability of these rivers shall be preserved or improved.

[3] The remaining waterways shall remain under the care of the individual states. However, the Imperial Authority shall be entitled, if it deems it necessary in the interest of general traffic, to issue general provisions on the operation of navigation and rafting on them, as well as to equate individual rivers under the same conditions as the above-mentioned common rivers.

[4] The Imperial Authority is authorized to require the individual states to properly maintain the navigability of these waterways.

§. 25.

[1] All German rivers shall be free of river tolls for German shipping. Rafting shall also not be subject to such charges on navigable river sections. Details shall be determined by an imperial law.

[2] In the case of rivers flowing through or bordering several states, a fair compensation shall be provided for the abolition of these river tolls.

§. 26.

[1] The harbor, crane, weigh, storage, lock, and similar fees levied at the common rivers and the mouths of the tributaries flowing into them shall not exceed the costs necessary for the maintenance of such facilities. They are subject to the approval of the Imperial Authority.

[2] There shall be no preferential treatment of the nationals of one German state over those of other German states with regard to these fees.

§. 27.

River tolls and navigation charges may only be imposed on foreign ships and their cargoes by the Imperial Authority.

Article VI.

§. 28.

The Imperial Authority has supervisory authority over the railways and their operation, insofar as the protection of the Empire or the interest of general traffic requires it. An imperial law shall determine which matters are to be included.

§. 29.

The Imperial Authority has the right, insofar as it deems it necessary for the protection of the Empire or in the interest of general traffic, to grant approval for the construction of railways or even to construct railways itself if the individual state, in whose territory the construction is to take place, rejects their execution. The use of railways for imperial purposes shall be free to the Imperial Authority at all times in return for compensation.

§. 30.

In the construction or approval of railways by the individual states, the Imperial Authority is authorized to ensure the protection of the Empire and the interest of general traffic.

§. 31.

The Imperial Authority has supervisory authority and legislative authority over the highways, insofar as it is required for the protection of the Empire or the interest of general traffic. An imperial law shall determine which matters are to be included.

§. 32.

[1] The Imperial Authority has the right, insofar as it deems it necessary for the protection of the Empire or in the interest of general traffic, to order the construction of highways and canals, or to make rivers navigable or expand their navigability.

[2] The arrangement of the necessary construction works shall be made by the Imperial Authority in consultation with the states concerned. If no agreement is reached with the individual states, the execution and maintenance of the new facilities shall be done by the Empire and at imperial expense.

Article VII.

§. 33.

[1] Germany shall form a customs and trade area, surrounded by a common customs border, with the abolition of all internal customs duties.

[2] The exclusion of individual places and territories from the customs line remains reserved for the Imperial Authority.

[3] It is also reserved for the Imperial Authority to attach non-imperial lands and territories to the German customs territory by means of special treaties.

§. 34.

The exclusive authority to legislate on the entire customs system, as well as on common production and consumption taxes, belongs to the Imperial Authority. The imperial legislation shall determine which production and consumption taxes shall be common.

§. 35.

[1] The collection and administration of customs duties, as well as of common production and consumption taxes, shall be carried out under the orders and supervision of the Imperial Authority.

[2] A certain portion of the revenue shall be allocated in accordance with the regular budget for the expenses of the Empire; the remainder shall be distributed among the individual states.

[3] A special imperial law shall determine the details.

§. 36.

The imperial legislation shall determine the objects on which the individual states may impose production and consumption taxes on behalf of the state or individual municipalities, and the conditions and limitations that shall apply.

§. 37.

The individual German states are not authorized to impose duties on goods entering or leaving the imperial border.

§. 38.

The Imperial Authority has the right to legislate on trade and shipping and to oversee the implementation of the imperial laws enacted thereupon.

§. 39.

The Imperial Authority has the right to enact imperial laws on industrial matters and to oversee their implementation.

§. 40.

Patents for inventions shall be granted exclusively by the Empire on the basis of an imperial law; the Imperial Authority also has exclusive authority to legislate against the piracy of books, any unauthorized imitation of artworks, trademarks, patterns and forms, and against other infringements of intellectual property.

Article VIII.

§. 41.

[1] The Imperial Authority has the right of legislation and supervision over the postal service, namely the organization, tariffs, transit, distribution of postage, and the relationships between individual postal administrations.

[2] It ensures the uniform application of laws through executive regulations and monitors their implementation in the individual states through continuous control.

[3] The Imperial Authority is entitled to regulate the courses moving within several postal areas in the interest of general traffic.

§. 42.

Postal agreements with foreign postal administrations may only be concluded by the Imperial Authority or with its approval.

§. 43.

The Imperial Authority has the authority, if it deems it necessary, to take over the German postal service on behalf of the Empire in accordance with an imperial law, subject to fair compensation to the entitled parties.

§. 44.

[1] The Imperial Authority is authorized to establish telegraph lines and to use existing ones for compensation or to acquire them through expropriation.

[2] Further provisions on this matter, as well as the use of telegraphs for private communication, are reserved for an imperial law.

Article IX.

§. 45.

[1] The Imperial Authority exclusively has legislation and supervision over the coinage system. It is incumbent upon it to introduce the same coinage system for all of Germany.

[2] It has the right to mint Imperial coins.

§. 46.

It is the responsibility of the Imperial Authority to establish the same system for measurements and weights, as well as for the fineness of gold and silver goods throughout Germany.

§. 47.

The Imperial Authority has the right to regulate banking and the issuance of paper currency through imperial legislation. It supervises the implementation of the imperial laws enacted on this matter.

Article X.

§. 48.

The expenses for all measures and institutions carried out by imperial authority are to be covered by the Imperial Authority from the funds of the Empire.

§. 49.

To cover its expenses, the Empire primarily relies on its share of revenue from customs duties and common production and consumption taxes.

§. 50.

The Imperial Authority has the right to levy matricular contributions to the extent that other revenues are insufficient.

§. 51.

In extraordinary cases, the Imperial Authority is authorized to impose and collect Imperial taxes, as well as to issue loans or contract other debts.

Article XI.

§. 52.

The scope of jurisdiction is determined by the section on the Imperial Court.

Article XII.

§. 53.

It is the responsibility of the Imperial Authority to oversee the protection of the rights guaranteed to all Germans by the Imperial Constitution.

§. 54.

[1] The Imperial Authority is entrusted with maintaining Imperial peace.

[2] It must take measures necessary for maintaining internal security and order:

1. when a German state's peace is disturbed or endangered by another German state;
2. when the security and order in a German state are disturbed or endangered by natives or foreigners. However, in this case, the Imperial Authority should only intervene if the respective government itself requests it, unless it is manifestly unable to do so or the common Imperial peace appears threatened;
3. when the constitution of a German state is forcibly or unilaterally suspended or altered, and immediate assistance cannot be obtained by invoking the Imperial Court.

§. 55.

[1] Measures that the Imperial Authority can take to safeguard Imperial peace include: 1) decrees, 2) dispatch of commissioners, 3) use of armed force.

[2] An imperial law will determine the principles according to which the costs incurred by such measures are to be borne.

§. 56.

It is the responsibility of the Imperial Authority to determine, through an imperial law, the cases and forms in which armed force should be used against disturbances of public order.

§. 57.

The Imperial Authority has the power to establish legal norms regarding the acquisition and loss of Imperial and state citizenship.

§. 58.

The Imperial Authority has the right to enact imperial laws on the right of domicile and to supervise their implementation.

§. 59.

The Imperial Authority has the right, without prejudice to the right of free association and assembly guaranteed by fundamental rights, to enact imperial laws on the association sector.

§. 60.

Imperial legislation must determine the requirements for the acceptance of public documents, which are necessary for the recognition of their authenticity throughout Germany.

§. 61.

The Imperial Authority is empowered to take general measures for public health care in the interest of the common welfare.

Article XIII.

§. 62.

The Imperial Authority has legislation to the extent necessary for the execution of the powers constitutionally delegated to it and for the protection of the institutions entrusted to it.

§. 63.

The Imperial Authority is empowered, if it deems joint facilities and measures necessary in the overall interest of Germany, to enact the laws necessary for their establishment in the forms prescribed for amending the constitution.

§. 64.

It is the responsibility of the Imperial Authority to establish legal unity among the German people by enacting general codes on civil law, commercial and exchange law, criminal law, and judicial procedure.

§. 65.

All laws and regulations of the Imperial Authority become binding through their promulgation by Imperial means.

§. 66.

Imperial laws take precedence over the laws of the individual states, unless they are expressly attributed only a subsidiary application.

Article XIV.

§. 67.

[1] The appointment of Imperial officials emanates from the Empire.

[2] The regulations governing Imperial service will be established by an Imperial law.

Section III. The Head of the Empire.

Article I.

§. 68.

The dignity of the Head of the Empire is conferred upon one of the reigning German princes.

§. 69.

This dignity is hereditary in the house of the prince to whom it is transferred. It passes by male primogeniture.

§. 70.

The Head of the Empire bears the title: Emperor of the Germans.

§. 71.

[1] The residence of the Emperor is at the seat of the Imperial Government. At least during the session of the Reichstag, the Emperor shall reside there permanently.

[2] Whenever the Emperor is not at the seat of the Imperial Government, one of the Imperial ministers must be in his immediate vicinity.

[3] The provisions regarding the location of the Imperial Government remain subject to an Imperial law.

§. 72.

The Emperor receives a civil list, which is determined by the Reichstag.

Article II.

§. 73.

[1] The person of the Emperor is inviolable.

[2] The Emperor exercises the authority delegated to him through responsible ministers appointed by him.

§. 74.

All acts of government by the Emperor require for their validity the countersignature of at least one of the Imperial ministers, who thereby assumes responsibility.

Article III.

§. 75.

The Emperor exercises the international representation of the German Empire and the individual German states. He appoints the Imperial envoys and consuls and conducts diplomatic relations.

§. 76.

The Emperor declares war and concludes peace.

§. 77.

The Emperor concludes alliances and treaties with foreign powers, with the participation of the Reichstag to the extent reserved for it in the constitution.

§. 78.

All agreements not purely private in nature, concluded between German governments among themselves or with foreign governments, shall be submitted to the Emperor for notification, and if the interests of the Empire are involved, for confirmation.

§. 79.

The Emperor convenes and adjourns the Reichstag; he has the right to dissolve the House of the People.

§. 80.

The Emperor has the right to propose laws. He exercises the legislative power in conjunction with the Reichstag under the constitutional limitations. He promulgates Imperial laws and issues the necessary regulations for their enforcement.

§. 81.

[1] In criminal cases falling within the jurisdiction of the Imperial Court, the Emperor has the right of pardon and mitigation of punishment. The Emperor can only issue a prohibition of the initiation or continuation of investigations with the consent of the Reichstag.

[2] In favor of an Imperial minister convicted for his official acts, the Emperor may exercise the right of pardon and mitigation of punishment only if the house from which the accusation originated requests it. Such a right does not belong to him in favor of ministers of the states.

§. 82.

The Emperor is responsible for maintaining the peace of the Empire.

§. 83.

The Emperor has control over the armed forces.

§. 84.

In general, the Emperor has the executive authority in all matters of the Empire in accordance with the Imperial Constitution. As the bearer of this authority, he has the rights and powers attributed to the Imperial Authority in the Imperial Constitution and not assigned to the Reichstag.

Section IV. The Reichstag.

Article I.

§. 85.

The Reichstag consists of two houses, the House of States and the House of the People.

Article II.

§. 86. The House of States is formed by the representatives of the German states.

§. 87.

The number of members is distributed as follows:

Prussia ..................................................... 40 members.

Austria ...................................................... 38 "

Bavaria ...................................................... 18 "

Saxony ...................................................... 10 "

Hanover .................................................... 10 "

Württemberg ............................................. 10 "

Baden ........................................................ 9 "

Electoral Hesse ......................................... 6 "

Grand Duchy of Hesse ................................ 6 "

Holstein (-Schleswig, see Reich §. 1) ............. 6 "

Mecklenburg-Schwerin ................................ 4 "

Luxembourg-Limburg .................................. 3 "

Nassau ...................................................... 3 "

Brunswick .................................................. 2 "

Oldenburg .................................................. 2 "

Saxe-Weimar ............................................. 2 "

Saxe-Coburg-Gotha .................................... 1 "

Saxe-Meiningen-Hildburghausen .................. 1 "

Saxe-Altenburg .......................................... 1 "

Mecklenburg-Strelitz .................................. 1 "

Anhalt-Dessau ........................................... 1 "

Anhalt-Bernburg ......................................... 1 "

Anhalt-Köthen ............................................ 1 "

Schwarzburg-Sondershausen ....................... 1 "

Schwarzburg-Rudolstadt .............................. 1 "

Hohenzollern-Hechingen ............................. 1 "

Liechtenstein ............................................. 1 "

Hohenzollern-Sigmaringen ........................... 1 "

Waldeck .................................................... 1 "

Reuss older line ........................................... 1 "

Reuss younger line ........................................ 1 "

Schaumburg-Lippe ...................................... 1 "

Lippe-Detmold ............................................ 1 "

Hesse-Homburg .......................................... 1 "

Lauenburg .................................................. 1 "

Lübeck ...................................................... 1 "

Frankfurt .................................................... 1 "

Bremen ..................................................... 1 "

Hamburg ................................................... 1 "

______________

192 members.

As long as the German-Austrian lands do not participate in the federal state, the following states receive a greater number of votes in the House of States, namely

Bavaria ...................................................... 20

Saxony ...................................................... 12

Hanover ..................................................... 12

Württemberg ................................................ 12

Baden ........................................................ 10

Grand Duchy of Hesse ................................... 8

Electoral Hesse ............................................ 7

Nassau ........................................................ 4

Hamburg .................................................... 2

§. 88.

[1] Half of the members of the House of States are appointed by the governments, and the other half by the popular assemblies of the respective states.

[2] In those German states consisting of several provinces or territories with separate constitutions or administrations, the members of the House of States to be appointed by the popular assemblies of that state are not appointed by the general national representation, but by the representations of the individual territories or provinces (provincial estates).

[3] The ratio according to which the number of members allocated to these states is divided among the individual territories or provinces is reserved for the state legislation.

[4] Where two chambers exist and there is no representation by provinces, both chambers shall elect in joint session by an absolute majority of votes.

§. 89.

[1] In those states sending only one member to the House of States, the government proposes three candidates, from whom the popular assembly selects with an absolute majority of votes.

[2] Similarly, in those states sending an odd number of members, the same procedure shall be followed for the last member.

§. 90.

If several German states are united into one entity, an Imperial law shall decide on any necessary changes in the composition of the House of States.

§. 91.

Membership in the House of States is restricted to those who

1. are citizens of the state that sends them,
2. have reached the age of 30,
3. enjoy full civil and political rights.

§. 92.

[1] Members of the House of States are elected for six years. They are renewed in half every three years.

[2] The manner in which the retirement of one half shall occur after the first three years shall be determined by an Imperial law. The retiring members are always eligible for re-election.

[3] If an extraordinary Reichstag is convened after the expiration of these three years and before the new elections for the House of States have taken place, the former members shall enter into office to the extent that the new elections have not yet been held.

Article III.

§. 93.

The House of the People consists of the representatives of the German people.

§. 94.

[1] Members of the House of the People are elected for the first time for four years, and thereafter for three years.

[2] The election shall take place according to the provisions contained in the Imperial Election Law.

Article IV.

§. 95.

Members of the Reichstag receive a uniform allowance from the Imperial Treasury and compensation for their travel expenses. The details shall be determined by an Imperial law.

§. 96.

Members of both houses cannot be bound by instructions.

§. 97.

No one can be a member of both houses at the same time.

Article V.

§. 98.

[1] For a resolution of either house of the Reichstag, the participation of at least half of its legal number of members and a simple majority vote are required.

[2] In the event of a tie, a motion shall be considered rejected.

§. 99.

The right to propose laws, complaints, addresses, and the presentation of facts, as well as the indictment of ministers, belongs to each house.

§. 100.

A decision of the Reichstag can only be valid if both houses agree.

§. 101.

[1] A decision of the Reichstag that has not obtained the approval of the Imperial Government shall not be repeated in the same session.

[2] If, in three immediately following ordinary sessions of the Reichstag, the same decision has been adopted unchanged, it shall become law with the conclusion of the third Reichstag, even if the approval of the Imperial Government has not been obtained. An ordinary session lasting less than four weeks shall not be counted in this sequence.

§. 102.

A decision of the Reichstag is required in the following cases:

1. When it concerns the enactment, repeal, amendment, or interpretation of Imperial laws.
2. When the Imperial budget is established, when loans are contracted, when the Empire assumes an expenditure not provided for in the budget, or imposes matricular contributions or taxes.
3. When foreign sea or river navigation is to be subjected to higher charges.
4. When state fortresses are to be declared imperial fortresses.
5. When trade, navigation, and extradition treaties are concluded with foreign countries, as well as any international treaties burdening the Empire in general.
6. When non-Imperial territories or parts thereof are to be annexed to the German customs territory, or when individual places or territories are to be excluded from the customs line.
7. When German territories are ceded, or when non-German territories are to be incorporated into or otherwise connected with the Empire.

§. 103.

The following provisions apply when the Imperial budget is established:

1. All financial proposals of the Imperial Government shall first be submitted to the House of the People.
2. Expenditure authorizations may only be granted on the proposal of the Imperial Government and up to the amount of this proposal. Each authorization shall apply only to the specific purpose for which it has been granted. The use of funds shall be limited to the extent of the authorization.
3. The duration of the financial period and budget authorization shall be one year.
4. The budget for the regular expenditures of the Empire and for the reserve fund, as well as for the means required for both, shall be established by resolutions of the Reichstag on the first Reichstag or by later resolutions of the Reichstag. An increase in this budget at subsequent Reichstags also requires a resolution of the Reichstag.
5. This ordinary budget shall first be submitted to the House of the People at each Reichstag, examined by it in its individual appropriations according to the explanations and documents to be submitted by the Imperial Government, and wholly or partly approved or rejected.
6. After examination and approval by the House of the People, the budget shall be submitted to the House of States. The latter shall only have the right, within the total amount of the ordinary budget as established on the first Reichstag or by subsequent resolutions of the Reichstag, to make reminders and exhibitions, over which the House of the People shall make the final decision.
7. All extraordinary expenditures and their means of covering shall, like the increase of the ordinary budget, require a decision of the Reichstag.
8. The accounts of the use of Imperial funds shall be submitted to the Reichstag, first to the House of the People, for examination and approval.

Article VI.

§. 104.

[1] The Reichstag convenes every year at the seat of the Imperial Government. The time of assembly shall be specified by the Head of the Empire at the convocation, unless an Imperial law determines it.

[2] In addition, the Reichstag can be convened for extraordinary sessions at any time by the Head of the Empire.

§. 105.

The ordinary sessions of the state parliaments in the individual states shall not normally coincide with those of the Reichstag. The details shall be determined by an Imperial law.

§. 106.

[1] The House of the People can be dissolved by the Head of the Empire.

[2] In case of dissolution, the Reichstag must be convened again within three months.

§. 107.

[1] The dissolution of the House of the People entails the simultaneous adjournment of the House of States until the Reichstag is reconvened.

[2] The sessions of both houses are the same.

§. 108.

The end of the sessions of the Reichstag shall be determined by the Head of the Empire.

§. 109.

[1] An adjournment of the Reichstag or either of the two houses by the Head of State shall require the approval of the Reichstag or the respective house, if it is to last for more than fourteen days after the opening of the session.

[2] The Reichstag itself, as well as each of the two houses, may adjourn for fourteen days.

Article VII.

§. 110.

Each of the two houses elects its president, vice presidents, and secretaries.

§. 111.

The sessions of both houses are public. The rules of procedure of each house determine under what conditions confidential sessions may be held.

§. 112.

Each house examines the credentials of its members and decides on their admission.

§. 113.

Each member, upon entering, takes the oath: "I swear to faithfully observe and uphold the German Imperial Constitution, so help me God."

§. 114.

[1] Each house has the right to punish its members for unworthy conduct in the house and, in extreme cases, to exclude them. The details shall be determined by the rules of procedure of each house.

[2] Exclusion can only be pronounced if a two-thirds majority of the votes decides in favor.

§. 115.

Neither messengers of petitions nor delegations shall be admitted to the houses.

§. 116.

Each house has the right to establish its rules of procedure. The procedural relations between both houses shall be regulated by agreement between both houses.

Article VIII.

§. 117.

During the session period, a member of the Reichstag may not be arrested or subjected to investigation for criminal charges without the consent of the house to which he belongs, except in the case of apprehension in flagrante delicto.

§. 118.

In the latter case, the house concerned must be informed immediately of the measure ordered. It shall have the right to suspend the arrest or investigation until the end of the session period.

§. 119.

The same authority applies to each house regarding an arrest or investigation imposed on one of its members at the time of his election or thereafter until the opening of the sessions.

§. 120.

No member of the Reichstag may at any time be prosecuted judicially or disciplinarily or otherwise held accountable outside the assembly for his vote or for expressions made in the exercise of his profession.

Article IX.

§. 121.

The Imperial Ministers have the right to attend the deliberations of both houses of the Reichstag and to be heard by them at any time.

§. 122.

The Imperial Ministers are obliged to appear in either of the houses of the Reichstag upon request and to provide information or to state the reason why it cannot be provided.

§. 123.

The Imperial Ministers cannot be members of the House of States.

§. 124.

If a member of the House of the People accepts an office or promotion in the imperial service, he must submit to a new election; he retains his seat in the house until the new election has taken place.

Section V. The Imperial Court.

Article I.

§. 125.

The jurisdiction vested in the Empire shall be exercised by an Imperial Court.

§. 126.

The jurisdiction of the Imperial Court includes:

a) Lawsuits of individual states against the Imperial Authority for violation of the Imperial Constitution by enactment of Imperial laws and by measures of the Imperial Government, as well as lawsuits of the Imperial Authority against an individual state for violation of the Imperial Constitution.

b) Disputes between the House of States and the House of the People among themselves and between each of them and the Imperial Government concerning the interpretation of the Imperial Constitution, when the disputing parties agree to seek the decision of the Imperial Court.

c) Political and private disputes of all kinds between the individual German states.

d) Disputes concerning succession to the throne, capability to govern, and regency in the individual states.

e) Disputes between the government of an individual state and its representative body regarding the validity or interpretation of the state constitution.

f) Lawsuits of the citizens of an individual state against the government for violation of the state constitution can only be brought before the Imperial Court if the remedies provided in the state constitution cannot be applied.

g) Lawsuits of German citizens for violation of the rights granted to them by the Imperial Constitution. The detailed provisions regarding the scope of their right to sue and the manner of asserting it remain reserved for Imperial legislation.

h) Complaints about denied or obstructed administration of justice when the remedies provided by state law have been exhausted.

i) Criminal jurisdiction over charges against the Imperial Ministers, insofar as they concern their ministerial responsibility.

k) Criminal jurisdiction over charges against the ministers of the individual states, insofar as they concern their ministerial responsibility.

l) Criminal jurisdiction in cases of high treason and treason against the Empire. Whether other crimes against the Empire are to be referred to the criminal jurisdiction of the Imperial Court shall be reserved for future Imperial laws.

m) Lawsuits against the Imperial Treasury.

n) Lawsuits against German states when the obligation to satisfy the claim is doubtful or disputed between several states, as well as when the joint obligation against several states is asserted in one lawsuit.

§. 127.

Only the Imperial Court itself shall decide whether a case is suitable for its decision.

§. 128.

[1] A separate law shall be enacted regarding the establishment and organization of the Imperial Court, the procedure, and the enforcement of Imperial Court decisions and orders.

[2] This law shall also determine whether and in which cases jury trial shall be conducted at the Imperial Court.

[3] It shall also be determined whether and to what extent this law is to be considered an organic constitutional law.

§. 129.

It shall be reserved for Imperial legislation to establish admiralty and maritime courts, as well as to make provisions regarding the jurisdiction of the envoys and consuls of the Empire.

Section VI. The Basic Rights of the German People.

§. 130.

The following basic rights shall be guaranteed to the German people. They shall serve as the norm for the constitutions of the individual German states, and no constitution or legislation of any German state shall ever be able to abolish or restrict them.

Article I.

§. 131.

The German people consist of the members of the states forming the German Empire.

§. 132.

Every German has German imperial citizenship. He can exercise the rights accruing to him under it in any German land. The right to vote in the German Imperial Assembly is governed by the Imperial Election Law.

§. 133.

[1] Every German has the right to take up residence and domicile anywhere in the territory of the Empire. To acquire and dispose of real property of any kind, to engage in any occupation, to gain citizenship of the municipality.

[2] The conditions for residence and domicile shall be determined by a Homeland Law, those for the conduct of business by a Trade Regulation for all of Germany by the Imperial Authority.

§. 134.

No German state may make a distinction in civil, criminal, and procedural law between its own nationals and other Germans that disadvantages the latter.

§. 135.

The penalty of civil death shall not be imposed, and where it has already been pronounced, it shall cease to have effect to the extent that acquired private rights are not violated thereby.

§. 136.

[1] The freedom of emigration shall not be restricted by the state; emigration levies shall not be imposed.

[2] The matter of emigration shall be under the protection and care of the Empire.

Article II.

§. 137.

[1] Before the law, there shall be no distinction of rank. The nobility as a class is abolished.

[2] All privileges of rank are abolished.

[3] Germans are equal before the law.

[4] All titles, insofar as they are not connected with an office, are abolished and may never be reintroduced.

[5] No national may accept an order from a foreign state.

[6] Public offices are equally accessible to all qualified persons.

[7] Conscription is equal for all; substitution for it does not occur.

Article III.

§. 138.

[1] Personal freedom is inviolable.

[2] The arrest of a person shall, except in the case of apprehension in the act, only be made by virtue of a judicial order with reasons. This order must be served on the arrested person at the time of the arrest or within the next twenty-four hours.

[3] The police authority must either release or hand over to the judicial authority anyone it has taken into custody during the following day.

[4] Every accused person shall be released from custody upon providing security or bail to be determined by the court, unless there are urgent indications of a serious criminal offense against him.

[5] In the event of unlawfully ordered or prolonged detention, the guilty party and, if necessary, the state shall be obliged to provide satisfaction and compensation to the injured party.

[6] The modifications of these provisions necessary for the army and navy shall be reserved for special laws.

§. 139.

The death penalty, except where martial law prescribes it or maritime law allows it in the case of mutiny, as well as the penalties of the pillory, branding, and corporal punishment, are abolished.

§. 140.

[1] The domicile is inviolable.

[2] A search of a home is only permissible:

1. by virtue of a judicial order with reasons, which shall be served on the party concerned immediately or within the next twenty-four hours,
2. in the event of pursuit in flagrante delicto, by the legally authorized officer,
3. in cases and forms in which the law exceptionally permits the same to certain officers even without a judicial order.

[3] The search of a home shall, if possible, be conducted with the participation of household members.

[4] The inviolability of the domicile shall not hinder the arrest of a person pursued by the judiciary.

§. 141.

The seizure of letters and papers may only be made by virtue of a judicial order with reasons, except in the case of arrest or house search, which shall be served on the party concerned immediately or within the next twenty-four hours.

§. 142.

[1] The secrecy of correspondence is guaranteed.

[2] The necessary restrictions in criminal investigations and in times of war shall be determined by legislation.

Article IV.

§. 143.

[1] Every German has the right to express his opinion freely through speech, writing, printing, and pictorial representation.

[2] Freedom of the press shall under no circumstances and in no way be restricted, suspended, or abolished by preventive measures, namely censorship, concessions, security measures, state regulations, restrictions on printing houses or book trade, postal prohibitions, or other impediments to free circulation.

[3] Press offenses prosecuted ex officio shall be judged by jury courts.

[4] A press law shall be enacted by the Empire.

Article V.

§. 144.

[1] Every German has full freedom of belief and conscience.

[2] No one is obliged to disclose his religious convictions.

§. 145.

[1] Every German is unrestricted in the common domestic and public exercise of his religion.

[2] Crimes and offenses committed in the exercise of this freedom shall be punishable according to the law.

§. 146.

The enjoyment of civil and civic rights is neither conditioned nor restricted by religious confession. It shall not detract from civic duties.

§. 147.

[1] Every religious society organizes and administers its affairs independently but remains subject to general state laws.

[2] No religious society enjoys privileges from the state over others; furthermore, there is no state church.

[3] New religious societies may form without requiring recognition of their confession by the state.

§. 148.

No one shall be compelled to participate in a religious ceremony or festivity.

§. 149.

The oath formula shall henceforth be: "So help me God."

§. 150.

[1] The civil validity of marriage depends only on the execution of the civil act; the religious ceremony can only take place after the execution of the civil act.

[2] Religious differences are not a civil impediment to marriage.

§. 151.

Civil registers shall be kept by the civil authorities.

Article VI.

§. 152.

Science and teaching are free.

§. 153.

The system of education and upbringing is under the supervision of the state and, apart from religious instruction, is exempt from the supervision of the clergy as such.

§. 154.

[1] The establishment, management, and provision of education at educational and educational institutions are freely available to every German, provided he has demonstrated his qualifications to the relevant state authority.

[2] Home education is not subject to any restriction.

§. 155.

[1] Adequate provision shall be made everywhere for the education of German youth through public schools.

[2] Parents or their representatives may not deprive their children or wards of the education prescribed for elementary public schools.

§. 156.

[1] Public teachers have the rights of state employees.

[2] The state, with legally regulated participation of municipalities, appoints teachers for elementary schools from among the examined.

§. 157.

[1] No school fees shall be paid for instruction in elementary schools and lower technical schools.

[2] Free education shall be granted to the indigent at all public educational institutions.

§. 158.

Everyone is free to choose his profession and to train for it as and where he wishes.

Article VII.

§. 159.

[1] Every German has the right to address the authorities, the popular assemblies, and the Reichstag in writing with petitions and complaints.

[2] This right may be exercised by individuals, corporations, and groups; however, in the army and navy, it shall be exercised according to disciplinary regulations.

§. 160.

Prior authorization from the authorities is not necessary to prosecute public officials for their official actions.

Article VIII.

§. 161.

[1] Germans have the right to assemble peacefully and unarmed; no special permission is required.

[2] Open-air public meetings may be prohibited in cases of urgent danger to public order and safety.

§. 162.

Germans have the right to form associations. This right shall not be restricted by preventive measures.

§. 163.

The provisions contained in §§. 161 and 162 shall apply to the army and navy, insofar as they do not conflict with military disciplinary regulations.

Article IX.

§. 164.

[1] Property is inviolable.

[2] Expropriation may only be carried out for reasons of the common good, only on the basis of a law, and with fair compensation.

[3] Intellectual property shall be protected by Reich legislation.

§. 165.

[1] Every landowner may transfer his real property inter vivos or by will, in whole or in part. It is left to the individual states to mediate the implementation of the principle of the divisibility of all real property through transition laws.

[2] Restrictions on the right to acquire and dispose of real estate for mortmain purposes are permissible by legislation for reasons of the public welfare.

§. 166.

All relationships of subjection and serfdom shall cease forever.

§. 167.

[1] Abolished without compensation are:

1. Patrimonial jurisdiction and manorial police, along with the powers, exemptions, and duties arising from these rights.
2. Personal dues and services arising from the feudal or protective relationship.

[2] With these rights, the corresponding obligations and burdens of the previous entitled party also cease.

§. 168.

[1] All charges and services attached to land, particularly tithes, are redeemable; whether only at the request of the burdened party or also of the entitled party, and in what manner, is left to the legislation of the individual states.

[2] Henceforth, no real property shall be burdened with an unredeemable charge or service.

§. 169.

[1] The right to hunt on one's own land is inherent in real property.

[2] The hunting rights on foreign land, hunting services, hunting duties, and other contributions for hunting purposes are abolished without compensation.

[3] However, the hunting right, which has demonstrably been acquired through an onerous contract with the owner of the burdened property, is only redeemable; the method of redemption shall be determined by the state legislatures.

[4] The regulation of the exercise of hunting rights for reasons of public safety and the common good shall remain the responsibility of state legislation.

[5] The hunting rights on foreign land shall not be reinstated as inherent rights in the future.

§. 170.

[1] Family fideicommissa shall be abolished. The manner and conditions of abolition shall be determined by the legislation of the individual states.

[2] Regulations concerning family fideicommissa of the ruling princely houses shall remain the prerogative of state legislation.

§. 171.

All feudal relationships shall be abolished. The details of the implementation shall be determined by the legislation of the individual states.

§. 172.

The penalty of confiscation of property shall not be imposed.

§. 173.

Taxation shall be organized in such a way that the preferential treatment of individual classes and properties in the state and municipality ceases.

Article X.

§. 174.

All jurisdiction emanates from the state. There shall be no patrimonial courts.

§. 175.

[1] Judicial authority shall be exercised independently by the courts. Cabinet and ministerial justice are inadmissible.

[2] No one shall be deprived of their lawful judge. Extraordinary courts shall never be established.

§. 176.

[1] There shall be no privileged jurisdiction for persons or goods.

[2] Military jurisdiction is limited to the adjudication of military crimes and offenses, as well as military disciplinary offenses, subject to provisions for times of war.

§. 177.

[1] No judge shall be removed from office or impaired in rank and salary except by judgment and law.

[2] Suspension shall not occur without a judicial decision.

[3] No judge shall be transferred or retired against their will, except by judicial decision in the cases and forms determined by law.

§. 178.

[1] Court proceedings shall be public and oral.

[2] Exceptions to public hearings shall be determined by law in the interest of public morality.

§. 179.

[1] In criminal cases, the accusatorial procedure shall apply.

[2] Trial by jury shall be obligatory in serious criminal cases and in all political offenses.

§. 180.

Civil justice shall be exercised or co-exercised by competent judges freely elected by professional peers in cases requiring special professional expertise.

§. 181.

[1] Judiciary and administration shall be separate and independent of each other.

[2] Competence conflicts between administrative and judicial authorities in the individual states shall be decided by a court designated by law.

§. 182.

[1] Administrative jurisdiction shall cease; all infringements of law shall be decided by the courts.

[2] The police shall not have judicial authority.

§. 183.

[1] Judgments of German courts shall be equally effective and enforceable in all German states.

[2] An imperial law shall determine the details.

Article XI.

§. 184.

Each municipality has as fundamental rights of its constitution:

a) The election of its leaders and representatives;

b) The autonomous administration of its municipal affairs, including local policing, under the legally ordered supervision of the state;

c) The publication of its municipal budget;

d) Public proceedings as the rule.

§. 185.

[1] Each property shall belong to a municipal association.

[2] Restrictions due to forests and wastelands remain subject to state legislation.

Article XII.

§. 186.

[1] Each German state shall have a constitution with a popular representation.

[2] Ministers are accountable to the popular representation.

§. 187.

[1] The popular representation has a decisive voice in legislation, taxation, and the management of state finances; where there are two chambers, each chamber has the right of legislative proposal, complaint, address, and impeachment of ministers.

[2] The sessions of the state legislatures are generally public.

Article XIII.

§. 188.

The non-German-speaking ethnic groups of Germany are guaranteed their national development, especially the equal rights of their languages, to the extent of their territories, in matters of church affairs, education, internal administration, and jurisdiction.

Article XIV.

§. 189.

Every German citizen abroad is under the protection of the Empire.

Section VII. Guarantees of the Constitution.

Article I.

§. 190.

[1] Upon every change of government, the Reichstag, if not already assembled, convenes without summons, in the manner it was composed last. The Emperor, who assumes the government, takes an oath on the Imperial Constitution before the assembled houses of the Reichstag.

[2] The oath reads: "I swear to protect the Empire and the rights of the German people, to uphold the Imperial Constitution, and to faithfully execute it. So help me God."

[3] Only after taking the oath is the Emperor entitled to perform government acts.

§. 191.

Imperial officials are required to take an oath on the Imperial Constitution upon assuming their office. The details are determined by the service pragmatics of the Empire.

§. 192.

A imperial law shall be enacted regarding the responsibility of imperial ministers.

§. 193.

The obligation to uphold the Imperial Constitution is combined with the obligation to uphold the state constitution in the individual states and takes precedence over it.

Article II.

§. 194.

No provision in the constitution or laws of a single state may contradict the Imperial Constitution.

§. 195. A change in the form of government in a single state can only occur with the consent of the Imperial Authority. This consent must be given in the form prescribed for amendments to the Imperial Constitution.

Article III.

§. 196.

[1] Amendments to the Imperial Constitution can be made by a resolution of both houses and with the consent of the Head of the Empire.

[2] For such a resolution, in each of the two houses:

1. the presence of at least two-thirds of the members is required;
2. two votes must be taken, with a period of at least eight days between them;
3. a majority of at least two-thirds of the members present is required for each of the two votes.

[3] The consent of the Head of the Empire is not required if the same Reichstag resolution is adopted unchanged in three immediately following ordinary sessions. An ordinary session lasting less than four weeks is not counted in this sequence.

Article IV.

§. 197.

[1] In the event of war or rebellion, the provisions of the basic rights regarding arrest, house search, and assembly rights may be temporarily suspended by the Imperial Government or the government of a single state for individual districts, but only under the following conditions:

1. the decision must be made in each individual case by the entire ministry of the Empire or single state;
2. the Imperial Ministry must immediately obtain the consent of the Reichstag, and the ministry of the single state must obtain the consent of the state parliament, if they are convened at the time. If they are not convened, the decision may not last longer than 14 days without convening them and submitting the measures taken for their approval.

[2] Further provisions are reserved for an imperial law.

[3] The existing legal provisions remain in force for the proclamation of a state of siege in fortresses.

Certification:

Frankfurt am Main, March 28, 1849.

Martin Eduard Simson von Königsberg in Prussia,

President of the Constituent National Assembly.

Carl Kirchgeßner from Würzburg,

Deputy Chairman, Representative of the Wahlbezirkes Weiler in Bavaria.

Friedrich Siegm. Jucho from Frankfurt am Main,

First Secretary.

Karl August Fetzer from Stuttgart,

Secretary.

Dr. Anton Riehl from Vienna,

Representative for Zwettl, Secretary.

Karl Biedermann from Leipzig

Representative for the XI. Saxon Wahlbezirk, Secretary.

Gustav Robert v. Mahlzahn from Cüstrin,

Representative for the Wahlkreis Königsberg i. d. R., Secretary.

Mar Neumayr from Munich,

Representative for the X. upper Bavarian Wahlbezirk, Secretary.