CONSTITUTION OF THE GERMAN REALM
The German people united in its every branch and inspired by the determination to renew and establish the Realm in liberty and justice, to ensure peace at home and abroad, and to further social progress, has given itself this Constitution.
FIRST PART
The Realm: its Organisation and Functions
SECTION I
Realm and Lands
Article 1.
The German Realm is a Republic.[1]
Constitutional power proceeds from the people.[2]
Article 2.
The territory of the Realm consists of the territories of the German Lands.[3] Other territories may be incorporated in the Realm by an act of the Realm, if their populations should so desire in virtue of the right of self-determination.
Article 3.
The colours of the Realm are black-red-gold. The commercial flag is black-white-red with the national colours in the inner upper corner.[4]
The generally recognised rules of international law are held to be integral and obligatory parts of the Law of the German Realm.[5]
Article 5.
Constitutional power shall be exercised, in matters pertaining to the Realm, by the Constitutional Bodies of the Realm on the basis of the constitution of the Realm, in matters pertaining to the Lands, by the constitutional bodies of the Lands on the basis of the constitutions of the Lands.
Article 6.
The Realm has exclusive legislative authority in:—
(1) Foreign relations.[6]
(2) Colonial affairs.[7]
(3) Nationality, freedom of domicile, immigration and emigration, extradition.
(4) National defence.[8]
(5) Currency.
(6) Tariffs, and the Customs and Commercial Union and freedom of Trade.
(7) Posts and telegraphs, including telephones.[9]
Article 7.
The Realm has legislative authority in the following subjects:—
(1) Citizenship.
(2) The criminal code.
(3) Judicial procedure, including the execution of justice; further, official co-operation between public authorities.
(4) Passports and police supervision of aliens.
(5) Poor relief and vagrancy.
(6) The Press, the right of association, the right of meeting.
(7) Population questions, care of mothers, infants, children, and young persons.
(8) Public health, veterinary regulations, and protection of plants against disease and pests.
(9) The right to work, insurance and protection of workers and employees, and employment exchange.
(10) The institution of vocational associations extending over the Realm.
(11) The care of discharged soldiers and their dependants.
(12) The right of expropriation.
(13) Socialisation of natural resources and of economic enterprises, further the manufacture, production, distribution, and price regulation of economic commodities for general use.[10]
(14) The commercial code, weights and measures, the issue of paper money, banking, and stock exchange regulations.
(15) Dealings in foodstuffs and food luxuries, and also in essential commodities of daily use.
(16) Industry and mining.
(17) Insurance.
(18) Merchant shipping, high-sea and coastwise fishing.
(19) Railways, canal traffic, motor traffic by land, sea, and air, and the construction of roads serving general traffic and national defence.[11]
(20) Theatres and cinemas.
Article 8.[12]
The Realm has further the right of legislating as to taxation and other revenues, in so far as they are wholly or partially appropriated to its purposes. Should the Realm appropriate taxes or other revenues hitherto assigned to the Lands, it must keep in view the proper requirements of the Lands.
Article 9.
The Realm has the right to legislate on the following subjects, or, if and when it is necessary to issue uniform regulations:—
(1) Social welfare work.
(2) Protection of public order and public safety.
Article 10.[13]
The Realm can by Act, frame general principles regulating:—
(1) Rights and responsibilities of religious communities.
(2) Education, including all higher education and scientific libraries.
(3) Rights of the officials of all public bodies.
(4) Right to the land, land distribution, land settlement and small holdings, the law of entail, housing, and distribution of the population.
(5) Burial of the dead.
Article 11.
The Realm can by way of legislation, frame general principles concerning the validity and collection of taxes levied by the Lands to protect important interests of society and prevent:—
(1) Prejudice to the revenues or commercial relations of the Realm.
(2) Levies on public communications or institutions if excessive or such as to interfere with communication.
(3) Where, in the course of traffic between the different Federal States or provinces, commodities entering a certain State suffer financial disabilities as compared with the same class of commodity manufactured in such State.
(4) In order to exclude export premiums or to safeguard important social interests.
Article 12.
As long as, and in so far as, the Realm makes no use of its rights of legislation, the Lands retain the right of legislating. This does not apply to legislation which belongs to the Realm exclusively.
The Government of the Realm has the right of veto against any legislation of the Lands which affects the provisions of Number 13 of Article 7, in so far as the interests of the whole community of the Realm are thereby affected.
Article 13.
Law of the Realm prevails against law of the Lands.
Should any doubt or difficulty arise as to whether an act of the Land legislature is compatible with the law of the Realm, the competent authorities of the Realm or Land may appeal to the decision of a Supreme National Court of Judicature; as may be subsequently determined by an act of the Realm.
Acts of the Realm are administered by authorities of the Lands except in so far as may be otherwise determined by acts of the Realm.
Article 15.
The Government of the Realm has the right of supervision over those matters in which it has the right of legislation.
The Government of the Realm may lay down general directions where acts of the Realm are administered by the authorities of the Lands. It may send commissioners to the authorities of the Lands, and with their concurrence to subordinate authorities in order to supervise the execution of the acts of the Realm.
The Land Governments are bound to remedy, on demand of the Government of the Realm, any deficiencies which may have appeared in the course of executing the acts of the Realm. In cases of dispute, both National Government of the Realm and Governments of the Lands may appeal to the decision of a Supreme Court of Judicature, except where an act of the Realm declares another court to be competent.
Article 16.
Officials directly charged with administrative affairs of the Realm in any Land shall, as a rule, be citizens of that Land. Officials, employees, and workers in the employ of the Realm shall, if they so desire, be employed within their home Land, in so far as this is possible, and in so far as the requirements of the service or of their training are not prejudiced.
Every Land must have a liberal constitution.[14] The Representative Body must be elected by universal, equal, direct, and secret suffrage by all nationals of either sex, on the system of proportional representation.[15] The Government of the Lands must have the confidence of the Representative Body.[16]
The principles laid down for the election of the Representative Body apply also to the elections to Local Bodies. Nevertheless, Land legislation may require, as an elector's qualification, domicile within the locality not exceeding one year.[17]
Article 18.[18]
The division of the Realm into Lands shall have in view the highest economic and cultural progress of the People, while paying all possible regard to the wishes of the population affected. An act of the Realm in the form of a constitutional amendment is required for any modification of the frontiers of Federal States, or for the creation of new Lands within the Realm.
Where the Lands directly affected consent, a simple Act of the Realm shall suffice.
A simple act of the Realm shall further suffice where one of the Lands affected does not consent, but where the alteration of a frontier or the creation of a new Land is demanded by the wishes of the population and there is an overwhelming national interest in favour of it.
The wishes of the population shall be ascertained by means of a plebiscite. The Government of the Realm shall order a plebiscite to take place if one-third of the total number of those who have a vote for the Reichstag, living within the territory affected, demand it.
Three-fifths of the votes recorded, and at least a majority of the total number of electors, are necessary to determine any alteration of frontier or the foundation of a new Land. Even where there is only question of separating part of a Prussian county or of a Bavarian district, or of the corresponding divisions in any other Land, the wishes of the population inhabiting the whole district affected must be ascertained. Should there be no regional relationship between the portion to be disconnected and the whole district, a special act of the Realm may declare the wishes of the portion which is to be disconnected to be sufficient.
When the wishes of the population have been ascertained, the Government of the Realm shall embody them in an act for decision by the Reichstag.
Should any dispute arise on the occasion of a union or a separation of territory in respect of property claims, the decision shall lie with the Supreme National Court of Judicature of the whole Realm on appeal of either party.
Article 19.
Should a constitutional dispute arise within a Land, for deciding which there is no competent court, or should a dispute of a public nature arise between Lands or between the Realm and a Land, either of the disputing parties may appeal, unless another court of the Realm is competent, to the Supreme National Court of Judicature, which shall decide. Execution of the decision of the Supreme Court of Judicature shall lie with the President of the Realm.
SECTION II
The Reichstag
Article 20.[19]
The Reichstag is composed of the deputies of the German people.
Article 21.
The deputies are representatives of the whole people. They are subject to their conscience only and are not bound by instructions.
Article 22.
The deputies shall be elected by universal, equal, direct, and secret suffrage by those of either sex over twenty years of age, on the principles of proportional representation. The day of the election must be a Sunday or public holiday. An electoral law of the Realm shall lay down further detailed regulations.
Article 23.
The Reichstag shall be elected for four years. New elections must take place at latest within sixty days after the expiration of its term of office. The Reichstag must hold its first meeting at latest on the thirtieth day after election.
Article 24.
The Reichstag shall meet on the first Wednesday of November in every year at the seat of the Government. The President of the Reichstag is bound to call it together at an earlier date if the President of the Realm, or at least one-third of the deputies, demand it.
The Reichstag determines the date of the close of its session and the date of its reassembly.
Article 25.[20]
The President of the Realm has power to dissolve the Reichstag, but may only do so once on the same ground.
New elections must be held at latest on the sixtieth day after the dissolution.
Article 26.
The Reichstag shall choose its own President, Vice-President, and Secretaries. It shall regulate its own procedure.
Article 27.
The business of the House between two sessions or between two election periods shall be conducted by the President of the Reichstag and the Vice-President holding office during the preceding session.
Article 28.
Disciplinary and police powers within the Reichstag building pertain to the President of the Reichstag. He also has the administration of the House. He has control of the income and expenditure of the House within the limits laid down by the national budget, and he represents the House in all the legal proceedings and legal business involved in its administration.
Article 29.
The sittings of the Reichstag are public. The public may be excluded on the demand of fifty deputies and by a two-thirds majority vote.
True reports of the proceedings at the public sittings of the Reichstag, of the proceedings at a Landtag, of the proceedings at Committees of the Reichstag or Landtag, are privileged matter.
Article 31.
A Court of Inquiry into election proceedings shall be formed in connection with the Reichstag. Such Court shall also decide whether any deputy has forfeited his mandate.
The Court of Inquiry into election proceedings shall be formed of members of the Reichstag, who shall be elected by the Reichstag for the duration of the electoral period, and further of members of the Supreme Administrative Court, who shall be nominated by the President of the Realm on the suggestion of the Presiding officers of this Court.
The Court of Inquiry into election proceedings shall pronounce judgment in public and oral session through three members of the Reichstag, and two legal members.
Apart from inquiries actually conducted before the Court of Inquiry, proceedings may be taken before an officer of the Realm appointed by the President of the Realm. Further, procedure shall be determined by the Court of Inquiry.
Article 32.
A resolution of the Reichstag requires a simple majority of votes, except where some other proportion of votes is laid down by the constitution. The Standing Orders of the Reichstag may admit exceptions to this rule in the case of elections carried out by the Reichstag.
The Standing Order shall regulate all questions of the validity of resolutions.
Article 33.
The Reichstag and its Committees of the Reichstag are entitled to demand the presence of the Chancellor or of any other Minister of the Realm. The Chancellor, the Ministers, and their deputies have access to the sittings of the Reichstag and to the sittings of the Committees of the Reichstag. The Lands are entitled to send plenipotentiaries to these sittings who shall submit the views of their Government on the question under discussion.
The representatives of the Lands may demand to be heard during the discussion; the representatives of the Government of the Realm may do so under suspension if necessary of the Orders of the Day.
Such representatives are subject to the rulings of the Chair.
Article 34.[21]
The Reichstag may set up Committees of Inquiry: it must do so if one-fifth of the members demand it. Such Committees shall in open session inquire into such evidence as they consider necessary, or the petitioners consider necessary. The public may be excluded by resolution of a two-thirds majority of the Committee of Inquiry. The Standing Orders shall regulate the procedure of the Committee and determine the number of its members.
The Courts and the Civil Service must submit any evidence demanded by these Committees; the Committees may demand to see their records.
The regulations of the Criminal Code apply to the taking of evidence by the Committees or by such authorities as they have instructed; nevertheless, the secrecy of the post office, of the letter, telegraph, and telephone services remains unaffected.
Article 35.[22]
The Reichstag shall appoint a Permanent Committee for Foreign Affairs; which Committee may sit during the recess, or after the election period has come to an end, or after the dissolution until the meeting of the new Reichstag. The sittings of such Committee are not public, unless the Committee itself decides on publicity by a two-thirds majority.
The Reichstag shall further appoint a Permanent Committee for the Protection of the Rights of the People's Representatives against the Government of the Realm for those periods during which it is out of session, and for the period following the termination of an election period.
Such Committees have the same rights as the Committees of Inquiry.
Article 36.
No member of the Reichstag or of a Landtag may at any time be made subject to judicial or administrative penalty, or may be made responsible outside the House, on account of his vote or on account of any utterances made in virtue of his office as deputy.
Article 37.
No member of the Reichstag or of a Landtag may, without the consent of the House of which he is a member, be arrested or subjected to examination, while the House is in session, on account of any act for which criminal proceedings are threatened unless and except he have been arrested while committing the said act or at latest in the course of the following day.
A like consent is necessary for every other restriction of personal liberty calculated to obstruct a deputy in the free exercise of his office.
The Reichstag or a Landtag may require any criminal proceedings, any arrest, or any other restriction placed on the personal liberty of one of its members to be suspended for the duration of the session.
Article 38.
The members of the Reichstag and of the Landtags are entitled to refuse their evidence, both as to the identity of persons who have made communications to them in their capacity as deputies, and as to the nature of these communications themselves. With regard to the seizure of documents their position is further identical with that of persons who have the legal right of refusing evidence.
A search or seizure of documents may not take place within the precincts of the Reichstag or a Landtag except by consent of the President concerned.
Article 39.
Officials or members of the armed forces require no leave in order to exercise their functions as members of the Reichstag, or of a Landtag.
Should they be candidates for a seat in these bodies such leave as their candidature requires must be granted to them.
The members of the Reichstag are entitled to free passes on all German railways, and also to allowances as provided by act of the Realm.
SECTION III
THE PRESIDENT OF THE REALM AND THE GOVERNMENT OF THE REALM
Article 41.
The President of the Realm shall be elected by the whole German people.
Every German who has completed his thirty-fifth year is eligible, and an act of the Realm shall make further provision.
Article 42.
The President of the Realm shall take the following oath on assuming office——
I swear that I will devote my powers to the good of the German people, that I will promote and protect the people's interests, will maintain the constitution and the laws, will fulfil my duties conscientiously, and will exercise justice towards all.
The addition of a religious oath is permissible.
Article 43.
The President holds office for seven years and is re-eligible.
The President of the Realm may be deposed from office before the expiry of his term by popular plebiscite on initiative of the Reichstag. The resolution of the Reichstag must have a two-thirds majority. It precludes the President from any further exercise of office. Should the plebiscite reject deposition, such vote counts as a new election and entails the dissolution of the Reichstag.
The President of the Realm may not be criminally prosecuted without consent of the Reichstag.
Article 44.
The President of the Realm cannot be concurrently a member of the Reichstag.
Article 45.
The President of the Realm represents the Realm in international intercourse. He contracts alliances and other treaties with foreign Powers in the name of the Realm. He accredits and receives ambassadors.
Declaration of war and conclusion of peace shall be by act of the Realm.
Alliances and treaties with foreign States concerning subjects of national legislation require the consent of the Reichstag.
Article 46.
The President of the Realm appoints and dismisses officials and officers of the Realm, except as may be otherwise provided. He can exercise his rights of appointment and dismissal through other authorities.
Article 47.
The supreme command over the whole armed forces of the Realm resides in the President of the Realm.
Article 48.[23]
Should any Land fail to fulfil the obligations imposed on it by the constitution or laws of the Realm, the President of the Realm may constrain it thereto by armed force.
Should public order and safety be seriously disturbed or threatened in the German Realm, the President of the Realm may take the necessary measures to restore public order and safety; in case of need he may use armed force. For this purpose he may, for the time being, suspend wholly or partly the fundamental civil rights detailed in Articles 114, 115, 117, 118, 123, 124, and 153.
The President of the Realm is bound without delay to communicate to the Reichstag all measures taken by him in virtue of Clause 1 or Clause 2 of this Article. The Reichstag may require such measures to be abrogated.
A Land Government may take temporary measures of the nature indicated in Clause 2, should delay be dangerous. The President of the Realm or the Reichstag may require such measures to be abrogated.
An act of the Realm shall make further provision.
Article 49.
The President of the Realm exercises the right of pardon. Amnesties affecting the whole Realm require an act of the Realm.
Article 50.
All orders and decrees of the President of the Realm, including those regarding national defence, require for validity the counter-signature of the Chancellor or of the competent Minister of the Realm. Responsibility is assumed with this counter-signature.
Article 51.
Should the President of the Realm be prevented from acting, he shall be represented in the first place by the Chancellor. Should it seem probable that he will be so prevented for a lengthy period, an act of the Realm shall provide for his representation.
The same applies in the case of a premature vacancy in the Presidency for the period preceding a new election.
Article 52.
The Government of the Realm consists of the Chancellor and the Ministers of the Realm.
Article 53.
The President of the Realm appoints and dismisses the Chancellor and, on his recommendation, the Ministers of the Realm.
Article 54.
Chancellor and Ministers of the Realm require the confidence of the Reichstag for the exercise of office. Any one of them must resign should the Reichstag withdraw its confidence by express resolution.
Article 55.[24]
The Chancellor presides over the Government of the Realm and conducts its business on the basis of Standing Orders, which shall be drawn up by the Government of the Realm and approved by the President of the Realm.
The Chancellor lays down general policy and is responsible therefor to the Reichstag. Each Minister of the Realm carries on his Department independently within such lines, and is individually responsible therefor to the Reichstag.
Article 57.
The Ministers of the Realm shall submit for discussion and resolution to the Cabinet all Bills; further, all matters which either the constitution or the laws require to be so submitted; also, differences of opinion on topics which touch more than one Ministerial Department.
Article 58.
The Government of the Realm decides by simple majority. Where the voting is equal the Chair has a casting vote.
Article 59.
The Reichstag may impeach the President of the Realm, the Chancellor, and the Ministers in the State Court of Judicature, on the ground of conscious violation of the constitution or law of the Realm. The resolution calling for impeachment must be signed by at least one hundred members of the Reichstag, and requires, in order to be valid, the same majority as in the case of a constitutional amendment. The act instituting the Supreme Court of the Realm shall make further provision.
SECTION IV
THE REICHSRAT
Article 60.[25]
A Reichsrat shall be formed in order to represent the German Lands in the legislation and administration of the Realm.
Article 61.
Each Land shall have at least one vote in the Reichsrat. In the case of the larger Lands there shall be one vote per million inhabitants. Any excess over a million not less than the total number of the inhabitants of the smallest State shall be reckoned as a full million. No Land may have more than two-fifths of the total number of votes.[26]
German-Austria shall, after it has joined the German Realm, have the right to participate in the Reichsrat with such votes as correspond to its population. Until that time the representatives of German-Austria shall have an advisory voice.[27]
The number of votes shall be determined afresh by the Reichsrat after each general census.
Article 62.
No Land may have more than one vote on Committees formed by the Reichsrat.
Article 63.
The Lands shall be represented in the Reichsrat by members of their Governments. But one-half of the Prussian votes shall be held by the Prussian provincial administrations; and further provision therefor will be made by Prussian legislation.[28]
Article 64.
The Government of the Realm is bound to summon the Reichsrat should one-third of the members of the Reichsrat demand it.
Article 65.
A member of the Government of the Realm shall preside over the meetings of the Reichsrat. The members of the Government of the Realm may take part in the proceedings of the Reichsrat and of its Committees; they are bound to do so if summoned. They are entitled to be heard at their request at any time of the proceedings.
Article 66.
The Government of the Realm, and also each member of the Reichsrat may propose resolutions there.
The Reichsrat shall regulate its procedure by Standing Orders.
The plenary sessions of the Reichsrat are public. Publicity may be suspended by standing order in particular discussions.
The voting shall be decided by simple majority.
Article 67.
The Reichsrat shall be kept informed of the course of current business by the Ministers. The competent Committees of the Reichsrat shall be consulted by the Ministers in matters of importance.
SECTION V
LEGISLATION OF THE REALM
Article 68.
Bills shall be introduced by the Government, or from the body of the House.
Acts of the Realm shall be passed by the Reichstag.
Article 69.
Bills proposed by the Government require the consent of the Reichsrat. Should the Government and the Reichsrat fail to come to an agreement, the Government may nevertheless introduce its Bill, but must append the dissenting opinion of the Reichsrat. Should the Reichsrat pass a Bill from which the Government dissents, the Government must introduce such Bill in the Reichstag together with an exposition of its own views.
Article 70.
The President of the Realm shall have laws, constitutionally passed, properly engrossed, and shall proclaim them, within a month, in the Gazette of the Realm.
Article 71.
Acts of the Realm, unless otherwise provided, come into force on the fourteenth day after the date of publication of the Gazette in the capital of the Realm.[29]
Article 72.
Proclamation of an act of the Realm shall be deferred for two months on request of one-third of the Reichstag. Laws which the Reichstag and the Reichsrat declare to be urgent may be proclaimed by the President of the Realm notwithstanding this request.
Article 73.
An Act passed by the Reichstag must, before being proclaimed, be submitted to a plebiscite, should the President of the Realm so decide within a month.
An Act whereof the proclamation has been deferred on request of one-third of the members of the Reichstag must be submitted to plebiscite should one-twentieth of the voters demand it.
A plebiscite must further be taken if one-tenth of the voters demand the introduction of a Bill; such a popular request must be based on a Bill prepared in due form. The Government of the Realm must inform the Reichstag of such request together with an explanation of its own views. No plebiscite shall be held should the Reichstag accept the Bill demanded without amendment.
The President of the Realm is alone entitled to institute a plebiscite concerning the budget, taxation, or payment of officials.
An act of the Realm shall make further provisions as to such plebiscite and initiative.
Article 74.
The Reichsrat can veto acts passed by the Reichstag.
Such veto must be communicated to the Reichstag by the Government within two weeks after its passage, and within two further weeks the reasons therefor must also be submitted.
In case of such veto the act affected shall be submitted to the Reichstag for reconsideration. Should the Reichstag and Reichsrat fail to reach agreement by this means, the President of the Realm may, within three months, refer the issue to a plebiscite. Should the President fail to exercise this right, the act shall lapse. Should the Reichstag, by a two-thirds majority, decide against the veto of the Reichsrat, the President must, within three months, either proclaim the act as passed by the Reichstag, or order a plebiscite.
Article 75.
No vote of the Reichstag may be abrogated by plebiscite unless a majority of the voters record their votes.
Article 76.
The constitution may be legislatively amended. Nevertheless constitutional amendments by the Reichstag are only valid if two-thirds of the members are present, and at least two-thirds of those present are in favour. Further, constitutional amendments by the Reichsrat require a majority of two-thirds of the recorded votes. Should a plebiscite be held by popular initiation on a constitutional amendment, a majority of the electorate must be in favour.
Should the Reichstag vote a constitutional amendment over the veto of the Reichsrat the President shall not proclaim such act should the Reichsrat, within two weeks, demand a plebiscite.[30]
Article 77.
The Government of the Realm shall, unless otherwise enacted, issue general administrative regulations for the execution of acts of the Realm. The assent of the Reichsrat is requisite where the execution of a national law rests with the Government of a Land.
SECTION VI
ADMINISTRATION OF THE REALM
Article 78.
The conduct of foreign affairs pertains exclusively to the Realm.
The Lands may make treaties with foreign States on matters which fall within their own legislative competence; such treaties require the consent of the Realm.
Agreements with foreign States concerning alteration of the national frontiers shall be concluded by the Realm after the Land affected has given its consent. Frontier alterations can be effected by act of the Realm only, except in mere rectifications of frontiers in uninhabited districts.
The Realm shall take the necessary measures and make the necessary arrangements, in agreement with the Lands affected, to safeguard such interests of those Lands as may be involved in their peculiar economic connections with or in their geographical contiguity to foreign States.
Article 79.
National defence is an affair of the Realm. An act of the Realm shall uniformly regulate the military constitution of the German people, with due regard for local conditions.
Colonial affairs pertain exclusively to the Realm.
Article 81.
All German merchant vessels constitute a united mercantile marine.
Article 82.
Germany constitutes a Customs and Commercial Union enclosed in a common customs frontier.
The customs frontier coincides with the foreign frontier. Towards the sea the continental coast line with the islands belonging to the Realm forms the customs frontier. Deviations may be admitted where the customs frontier reaches the sea or other waters.
The territory of foreign States, wholly or partly, may be included within the Customs Union by treaty or other agreement.
Parts of the Union may be excluded under special necessity. In the case of free harbours such exclusion can be terminated only by constitutional amendment.
Territories excluded from the Union may be joined to a foreign Union by treaty or by agreement.
All products of nature, industry and art in free circulation within the Realm may be exported, imported, or transited across the frontiers of the Lands or local communities. Exceptions to this may be made by act of the Realm.
Article 83.
The authorities of the Realm shall administer all tariffs and all indirect taxes.[31]
Where the authorities of the Realm administer national taxation, provision shall be made preserving to the Lands their peculiar interests in the sphere of agriculture, commerce, manufacture, and industry.
Article 84.
The Realm shall, by legislation, regulate:—
(1) Financial administration within the Lands in so far as required in the interests of the uniform execution of the national fiscal laws;
(2) The organisation and functions of the authorities entrusted with the execution of the national fiscal laws;
(3) Accountancy between the Realm and the Lands;
(4) Re-imbursement of the costs of fiscal administration.
Article 85.
All income and expenditure of the Realm must be estimated yearly and incorporated in the Budget.
The Budget shall be passed as an act before the opening of the financial year.
Expenditure shall normally be voted for a year; in special cases it may also be voted for a longer period. In general, no clause in the Budget is admissible which extends beyond the financial year, or which does not refer to income or expenditure of the Realm or to financial administration.
The Reichstag may not increase items of expenditure proposed in the Budget or insert new items of expenditure without the consent of the Reichsrat.
Failing consent of the Reichsrat the provisions of Article 74 apply.
The Minister of Finance shall, with a view to discharging the responsibility of the Government, submit to the Reichstag and to the Reichsrat an account of all appropriations made out of the national revenues in the year following that in which the appropriations have been made. An act of the Realm shall provide further for the auditing of such accounts.
Article 87.
Money may be raised by loan only for extraordinary expenditure and, as a rule, only on account of expenditure for remunerative purposes.
Money may only be raised by loan or other liability assumed on behalf of the Realm with the sanction of an act of the Realm.
Article 88.
Posts, telegraphs, and telephones are exclusively the affair of the Realm. Stamps are uniform throughout the Realm.
The Government shall, with the consent of the Reichsrat, establish regulations and rates for the use of communications. With the consent of the Reichsrat it may delegate this power to the Minister of Posts.
The Government shall, with the consent of the Reichsrat, set up an Advisory Committee for Posts, Telegraphs, Telephones, and their rates.
The Realm alone has power to contract with foreign States concerning communications.[32]
The Realm shall acquire as its property all railways serving public communication and administer them according to a uniform system.
The rights of the Lands to buy private railways shall be transferred to the Realm on its demand.[33]
Article 90.
The Realm, in acquiring the railways, shall acquire all rights of expropriation and all sovereign prerogatives in connection with the railway system. In case of dispute the Supreme Court of Judicature shall decide the extent of such rights.
Article 91.
The Government shall, with the consent of the Reichsrat, issue all regulations concerning construction, management, and traffic of the railways. With the consent of the Reichsrat it may delegate these powers to the competent Minister.
Article 92.
The national railways shall be administered as an independent economic concern though their Budget and their accounts shall be incorporated in the national Budget and accounts; they shall be responsible for their own expenditure, including interests on, and sinking-fund for, their own debt, and they shall accumulate their own reserve-fund. A special law shall regulate the extent of the sinking-fund and of the reserve-fund, as well as the purposes to which the reserve-fund may be put.
Article 93.
The Government shall, with the consent of the Reichsrat, set up Advisory Committees for Railway Communication and Rates for the national railways.
Article 94.
When the Realm has taken over the railways serving public communication within a particular district, new railways serving public communication may not be built within such district except by the Realm or with the consent of the Realm. Should the building of new lines, or the alteration of existing lines, touch on the province of the police authorities of a Land, the railway administrative authorities must consult the local authorities before deciding.
Where the Realm has not yet taken over the administration of the railways, it may, by act of the Realm, build at its own cost, or commission others to build, with the right of expropriation, such railways as may be essential to public communication or national defence notwithstanding that those Lands, through whose territories such railways run, object; nevertheless, the sovereign prerogatives of the Lands shall not hereby be affected.
Every railway must permit another railway to effect a junction with it at the cost of the latter.
Article 95.
Railways serving purposes of public communication which are not administered by the Realm are subject to the supervision of the Realm.
Railways subject to the supervision of the Realm shall be constructed and equipped on the same principles as those laid down by the Realm. They must be maintained in good working order and must be extended to meet traffic requirements. Passenger and goods traffic must be served according to their requirements.
In regulating rates, the aim must be to maintain uniform and low rates.
Article 96.
All railways, including those not serving purposes of public communication, must accede to requirements of the Realm made in the interests of national defence.
Article 97.
The Realm shall acquire as its property and administer the waterways serving purposes of public communication.
When the Realm has taken over the waterways, new waterways serving the purposes of public communication shall not be constructed or extended except by the Realm or with its consent.
In administering, extending, or constructing waterways, the Realm shall co-operate with the Lands to safeguard the requirements and development of agriculture and of irrigation.
Every waterways administration must permit another inland waterways system to effect a junction with it at the cost of the latter. The same shall apply to the connections between waterways and railways.
In taking over the waterways the Realm acquires the right to expropriate, to fix rates, and to administer the river police system.
The undertakings of the River Development Companies in regard to the natural waterways of the Rhine, Weser, and Elbe shall be taken over by the Realm.
Article 98.
The Government shall, with the consent of the Reichsrat set up Advisory Committees to co-operate in the administration of waterways.
Article 99.
No dues may be levied over natural waterways except such as are applied to construction, plant, or other works facilitating communication. They must not exceed, in the case of State or municipal construction, the costs incurred by building and upkeep. Costs incurred by the building and upkeep of works which do not exclusively facilitate communication but are also designed for other purposes, may only be defrayed out of dues levied on shipping pro rata. Interest and sinking-fund for the capital involved are reckoned as part of the cost of construction.
This shall apply to dues levied on artificial waterways and on constructions in connection with them or in harbours.
In the administration of inland canals shipping dues may be levied on a basis of the total combined costs of a canal, a river, or of a whole waterways system.
This shall also apply to floating of constructions on the navigable waterways.
The Realm is alone entitled to levy heavier dues on foreign ships and their freights than are levied on German ships and their freights.
The Realm is entitled, by legislation, to obtain contributions from users of the waterways by other methods, in order to serve the upkeep and extension of the German waterways system.
Article 100.
An act of the Realm may levy part of the cost of upkeep and construction of inland waterways on any person benefiting, otherwise than by navigation, from the construction of dams in cases where more than one Federal State has participated in the costs of construction or where such costs have been borne by the Realm.
Article 101.
The Realm shall acquire and administer all marine signals, in particular beacons, light-ships, buoys, and land beacons. When the Realm has taken these over, new marine signals shall not be constructed or extended except by the Realm or with its consent.
SECTION VII
JUSTICE
Article 102.
Judges are independent and subject to the law only.
Article 103.
The normal judicature shall be exercised by the Court of the Realm and the Courts of the Lands.
Article 104.
Judges of the normal judicature shall be appointed for life. They may not be deposed from their office, either permanently or temporarily, nor may they be transferred to another bench, nor may they be pensioned off against their will, except in consequence of a judicial decision, and then only for the reasons, and in the form, laid down by law. Legislation may fix a retiring age, on reaching which judges must accept a pension.
This clause shall not affect suspension from office carried out in virtue of a legal enactment.
In the case of a redistribution of courts, or of circuits, the judicial administrations of the Lands may compel judges to accept transference to another bench, or pensions, but only with payment of full salary. This does not apply to commercial judges, assessors, or jurors.
Article 105.
Extraordinary courts are forbidden. Every person has the right to demand that he be produced before the competent Court. Legal enactments concerning military courts and courts-martial are not hereby affected. Military courts of honour are abolished.
Article 106.
The military judicature shall be abolished except in time of war and on board men of war. An act of the Realm shall make further provision.
Article 107.
Administrative courts both in the Realm and Lands shall be set up by legislation for the protection of the individual against decrees and ordinances of the administrative authorities.
An act of the Realm shall set up a Supreme Court for the German Realm.
GERMAN CONSTITUTION
SECOND CHAPTER
FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS[34]
SECTION I
THE INDIVIDUAL
Article 109.[35]
All Germans are equal before the law.
Men and women have, as citizens, fundamentally the same civil rights and duties.
Public privileges or disadvantages arising out of birth or rank shall be abolished. Titles of nobility count only as part of a name; they may no longer be conferred.
Only such titles may be conferred as indicate an office or a profession; academic rank is not hereby affected.
The State may confer no orders or insignia.
No German may accept titles or orders from a foreign State.[36]
Article 110.
Nationality of the Realm and of the Lands shall be acquired and lost as may be regulated by act of the Realm. Every national of a Land is at the same time a national of the Realm.
Every German has, in every Land, the same rights and duties as the nationals of that Land.
Article 111.
All Germans have the right of free movement throughout the Realm. Every German has the right of staying and of settling in any part of the Realm he please; he has the right of acquiring property there and of earning his livelihood. This may only be restricted by act of the Realm.
Article 112.
Every German may emigrate to a foreign country. Emigration may only be restricted by act of the Realm.
All nationals have the right to the protection of the Realm both within and without the Realm, as against a foreign country.
No German may be handed over to a foreign Government for prosecution or punishment.[37]
Article 113.
The foreign speaking parts of the Realm shall not be obstructed, either legislatively or administratively, in the free development of their ethnological characteristics, especially in the use of their mother tongue in educational establishments, in internal administration and in the administration of justice.
Article 114.
Liberty of the person is inviolable. Restrictions on, or deprivation of, personal liberty may not be imposed by the public authorities except in virtue of a law.
Persons who have been deprived of their liberty must be informed on the following day at latest by what authority and on what grounds this has been ordered; they must have immediate opportunity of lodging objections against such deprivation of liberty.
Article 115.
Every German is master in his own dwelling, which is inviolable. Exceptions are only admissible when the law so provides.
Article 116.
Acts are punishable only if they have been designated by law as punishable before they were committed.
Article 117.
The secrecy of the post, telegraph, and telephone service is inviolable. Exceptions are only admissible under act of the Realm.
Article 118.
Every German may express his opinion in speech, writing, print, pictorially, or by any other means, within the limits imposed by the law. He may not be obstructed in this right by any contract relating to his work or his employment; no disadvantage may be imposed on him by any person, should he make use of his right.
There is no censorship; nevertheless, restrictions may be laid down by law with regard to cinemas. Moreover, legislative action is admissible for the suppression of obscene or indecent literature, as well as for the protection of young persons at public performances or exhibitions.
SECTION II
THE COMMUNITY
Article 119.
Marriage, as being the basis of family life and of the maintenance and growth of the nation, shall be under the special protection of the constitution. It rests on the equality of the two sexes.
The State and the local authorities shall undertake to perfect, purify and promote family life. Numerous families shall be protected proportionately.
Motherhood can claim protection and provision by the State.
Article 120.
The education of their offspring in physical, spiritual, and social efficiency is the supreme duty and natural right of the parents; the social State supervises such activities.
Article 121.
Legislation shall provide for illegitimate children the same opportunities for physical, spiritual, and social development as are provided for legitimate children.
Article 122.
Young persons shall be protected against exploitation and against moral, spiritual, and physical neglect. The necessary arrangements shall be instituted by the State and municipalities.
Protective provisions of a compulsory character can only be imposed by law.
All Germans are entitled to meet together, peaceably and unarmed, without previous notice or special permission.
An act of the Realm may require notification of open-air meetings, and, where there is direct danger to public security, may forbid them.
Article 124.
All Germans are entitled to form associations or unions for purposes which are not in contravention of the penal law. This right may not be restricted by preventive measures. The same holds good for religious unions and associations.[38]
Every association may acquire corporate rights in accordance with the provisions of the Civil Code. Corporate rights may not be refused to any association on the ground that its aims are of a political, social, political, or religious nature.
Article 125.
The liberty and secrecy of the ballot are guaranteed. An electoral law shall make further provision.
Article 126.
Every German may address a written petition or complaint to the competent authority or the people's representatives. This right may be exercised both by the individual or by several persons in common.
Article 127.
Local authorities and associations of local authorities have the right to administer their own affairs within the limits laid down by the law.
All citizens without exception are eligible for public office as provided by the law, and in proportion to their suitability and services.
All exceptional measures against women officials are abolished.
An act of the Realm shall regulate the Civil Service.
Article 129.
Officials shall be appointed for life, except as may be otherwise provided by law. Pensions and the pensions of dependants shall be regulated by law. Rights duly acquired by officials are inviolable. Officials may have legal remedy for recovering financial claims.
Officials shall not be dismissed, nor provisionally or permanently pensioned, nor transferred to another office with less salary, except under provisions and procedure established by law.
Every official penalty must be subject to appeal and revision. Unfavourable entries may not be made in the personal record of any official unless he has had opportunity to reply to them. Officials have the right to examine their record.
The inviolability of duly acquired rights and the right to have recourse to legal process for the recovery of financial claims are especially guaranteed to professional soldiers. In all other respects their position shall be regulated by an award of the Realm.
Article 130.
Officials are servants of the community, not of a party.
Freedom of political opinion and freedom of meeting shall be secured to all officials.
Legislation of the Realm shall provide officials with special civil service representation.
Article 131.
Should an official, in exercising his public authority, be guilty of a breach of his official duty towards a third party, responsibility therefor shall fundamentally attach to the State of the Body employing such official. They may reserve the right of retributory action against the official. Recourse to an ordinary court of law must not be excluded.
The competent legislature shall provide for that.
Article 132.
Every German is bound to undertake honorary duties in accordance with the law.
Article 133.
Every German is bound to give personal service on behalf of the State or the local authority in accordance with the law.
Military service shall be as provided in the Law of National Defence of the Realm. The same law shall determine how far any fundamental citizen's rights shall be restricted for those on military service in the interests of their duties and of discipline.
Article 134.
All citizens without exception shall contribute proportionately to their means to all public burdens in accordance with the law.
SECTION III
RELIGION AND RELIGIOUS BODIES
Article 135.
All residents in the Realm enjoy entire freedom of faith and of conscience. The undisturbed practice of religion is guaranteed by the constitution and under the protection of the State. General legislation shall not be affected thereby.
Article 136.
The free exercise of religious practices shall neither condition nor limit the civil and constitutional rights and duties of citizens.
Enjoyment of civil and constitutional rights and entry into public office are independent of religious faith.
No person is bound to publish his religious convictions. The public authorities may not inquire into any person's membership of a religious body except where rights and duties or a legally instituted statistical census are involved.
No person may be forced to take part in any religious act or ceremony or to be present at any religious service or to adopt any religious form of oath.
Article 137.[39]
There is no State Church.
Freedom of association in religious bodies is guaranteed. No limits shall be imposed on the formation of religious associations within the Realm.
Every religious association shall order and administer its own affairs independently, subject to general legislative limitations. Such associations shall appoint to their offices without co-operation of the State or the local authorities.
Religious associations acquire a juridic personality according to the general regulations in the Civil Code.
Religious associations retain the status of public corporations if they have previously enjoyed it. Other religious associations may obtain it, on demand, should their constitution and their membership guarantee their permanent character. Should several such public corporate bodies join to form one federation, such federation is itself a public corporate body.
Religious associations which are public corporate bodies may tax their members on the basis of the rate assessments and subject to Land legislation.
Associations whose aim is to promote the cult of a common view of life shall be on a par with religious associations.
The Land Legislatures shall be responsible for any further regulation of the application of these principles.
Article 138.
The Land Legislatures shall discharge any liabilities due to religious bodies in virtue of a law, contract, or deed. The Realm shall lay down general principles on this matter.
The property of religious bodies and religious associations shall be guaranteed, as also their rights in respect of their institutions, foundations, and other funds devoted to worship, education, and social welfare.[40]
Sundays and feast days recognised by the State are maintained as holidays and days of spiritual refreshment.
Article 140.
Men on military service must be granted sufficient free time to fulfil their religious duties.
Article 141.
In so far as a need of religious services and of religious ministration makes itself felt in the army, in hospitals, prisons, or other public institutions, admission shall be accorded to religious associations, but in this there shall be no compulsion.
SECTION IV
SCHOOLS AND EDUCATION
Article 142.
Art, knowledge, and their instruction are free. The State guarantees to protect them and co-operates to promote them.
Article 143.
The education of youth is provided for in public institutions established by the Realm, the Lands, and Local Authorities in conjunction.
The training of teachers shall be uniformly regulated for the whole Realm on the general lines laid down for higher education.
Teachers in public schools have the rights and duties of State officials.
Article 144.
All education is under State supervision, in which the State may associate the Local Authorities. Such supervision is exercised by senior officials with special training.
Article 145.
Education is universally compulsory. It is effected in elementary schools, with at least eight years' attendance, and in continuation schools, up to the completed eighteenth year. Education and educational apparatus in elementary and continuation schools are free of charge.
Article 146.[41]
Public education shall be organically developed. The foundation school, which shall be common to all, shall lead on to the secondary and higher school system. This organisation shall keep in view the variation of vocations; and admission to schools shall have in view the capacities and inclinations of the child, and not the financial or social position of its parents or their religious beliefs.
Nevertheless, on demand of the parents or guardians, elementary schools for their particular religious faith or their particular views shall be set up within a municipality, always provided that the regular school programme in the sense of Clause 1 be not hereby prejudiced. The wishes of parents and guardians shall be considered as far as possible. The Land Legislatures shall provide further, subject to the general principles of an act of the Realm.
Realm, Lands, and Local Authorities shall provide funds to enable poorer members of the community to attend the secondary and higher schools; in particular, they shall provide maintenance grants for the parents of children who are deemed suitable to receive further education in the secondary and higher schools for the period of such education.
Article 147.
Private schools, in place of public schools, require the consent of the State and must conform to Land law. The consent of the State must be given if such private schools are not inferior to the public schools in respect of their educational aims and arrangements, and in respect of the professional standard of their teaching staffs, and if no distinctions are made between scholar and scholar on account of the financial position of their parents. Consent shall be refused if the financial and legal position of the teaching staff be not sufficiently secured.
Private elementary schools may only be set up if a minority of parents or guardians, claiming consideration under Clause 2 of Article 146, have no public elementary school for their faith or views, or if the educational administrative authorities recognise that special educational interests are involved.
Private preparatory schools are abolished.
The legal status of private schools which do not take the place of public schools is unchanged.
Article 148.
All schools shall aim at inculcating moral character, a civic conscience, personal and professional efficiency in the spirit of the German national character and of international conciliation.
The teacher in public schools shall avoid offence to those of contrary opinion.
Education in citizenship and technical instruction are part of the curricula. Every scholar shall, on leaving school, receive a copy of the constitution.
Realm, Lands, and Local Authorities shall promote popular and university education.
Article 149.
Religious instruction is an ordinary part of the curriculum except in the non-religious (secular) schools. It shall be regulated by the legislation on education. Religious instruction shall be given in harmony with the principles of the religious association concerned, without prejudice to the control of the State.
The giving of religious instruction and the instituting of Church ceremonies shall be dependent on consent of the teacher; the acceptance of religious instruction and participation in Church ceremonies and acts shall be dependent on consent of those persons responsible for a child's religious education.
The theological faculties in the Universities shall be maintained.
Article 150.
Monuments of artistic, historic, natural, or picturesque interest shall be under the protection and care of the State.
The Realm is responsible for preventing the export of German artistic treasures to foreign countries.
SECTION V—THE ECONOMIC SYSTEM.[42]
Article 151.
The social economic system must conform to the principles of equity with the special object of guaranteeing an honourable livelihood to all. Within these limits economic freedom shall be secured to each individual.
Legal compulsion is only admissible to maintain rights which have been threatened or to secure an overwhelming public interest.
Freedom of trade and of manufacture shall be guaranteed by acts of the Realm.
Article 152.
In commerce freedom of contract shall prevail subject to the law.
Usury is forbidden. Contracts contrary to public morality are null and void.
Article 153.
Property is guaranteed by the constitution. Its rights and responsibilities and restrictions are to be laid down by law.
Expropriation can only be undertaken in the common interest and in virtue of a law. Adequate compensation shall be paid, unless otherwise provided by act of the Realm. Any dispute as to the amount of compensation shall be referred to the ordinary courts. Property of the Lands, the local authorities, or public associations can only be expropriated by the Realm against compensation. Property imposes obligations. Its use by the owner must at the same time serve the common good.
Article 154.
The right of inheritance shall be guaranteed in accordance with the Civil Code. The laws shall determine the proportion of inherited property accruing to the State.
Article 155.
Distribution and cultivation of the soil shall be supervised by the State so as to ensure against abuses and to endeavour to secure healthy housing for every German, and suitable homes for each German family, especially those with many children, in which they can live and work. In drawing up a housing code special consideration shall be paid to the claims of those who have fought in the war.
Landed estate may be expropriated if it is required for housing, or for a settlement or reclamation policy, or in the interests of agriculture. Entails shall be abolished.
The owner of the soil is bound to cultivate and make use of his land, in the common interest. Increment value due to no expenditure of work or of capital shall be utilised for the common good.
All riches of the soil and all natural resources of economic use shall be under the supervision of the State. Private royalties shall, by law, be transferred to the State.
Article 156.
An act of the Realm may without prejudice to the payment of compensation, and subject to the regulations concerning expropriation, transfer to public ownership private businesses suitable for socialisation. It may name itself, the Lands, or Local Authority as partners in the administration of such business undertakings or associations, or in any other way assure itself a predominant influence therein.
The Realm may further legislate, in case of urgent necessity and in the interest of the national economy, to oblige business undertakings or associations to combine, on the basis of self administration, with a view to securing the co-operation of all the productive forces of the nation, to associating employers and employed in the administration, and to regulating production, manufacture, distribution, employment, prices, as also import and export of goods on principles of public economy.
Distributive productive co-operative societies and their federations may, on their own demand, and with due regard to their constitution and character, be incorporated in the public economic system.
Article 157.
The labour forces of the nation are under the special protection of the Realm. The Realm shall draw up a uniform labour code.
Article 158.
Intellectual work, the rights of discoverers, inventors, and artists, shall be under the care and protection of the Realm.
International agreements shall secure validity and protection in foreign countries for German intellectual, artistic, and technical creations.
Freedom of association with the object of guaranteeing and improving conditions of work and of employment shall be secured to all individuals and all professions. All compacts or measures which seek to limit or obstruct this freedom are illegal.
Article 160.
Any person occupying the position of employee or worker is entitled to have such free time as is necessary to avail himself of his rights as citizen, and, in so far as serious injury is not thereby done to his employment, such free time as is necessary to discharge honorary public offices conferred on him. His claims to compensation shall be determined by legislation.
Article 161.
The Realm, with the controlling co-operation of insured persons, shall create a comprehensive system of insurance for the maintenance of health and efficiency, for the protection of motherhood, and for provision against old age, infirmity, and change of circumstances.
Article 162.
The Realm shall support the principle of international regulation of the legal rights of workers, with the object of securing a uniform minimum of social rights to the working classes of mankind.
Article 163.
Every German is morally bound, without prejudice to his personal liberty, to make such use of his intellectual and physical capacities as shall be required by the common good.
Every German shall be given the possibility of earning his living by economic labour. In so far as suitable employment cannot be found for him, provision shall be made for his necessary maintenance. Acts of the Realm shall make further provision.
Article 164.
Legislative and administrative measures shall be taken to encourage the independent middle class in agriculture, industry, and commerce and protect it against exploitation and extortion.
Article 165.
Workers and employees are called on to co-operate with the employers on a basis of equality, in regulating wage and work conditions and in furthering the general economic development of the forces of production. The organisations of either side and their agreements shall be recognised.
Workers and employees shall, for the prosecution of their social and economic interests, receive legal representation in Works Councils, and also in District Workers' Councils organised by economic spheres, and in a Central Workers' Council.
District Workers' Councils and the Central Workers' Council shall be combined with the employers' representatives and local representatives in District Economic Councils and in a Central Economic Council, for the execution of their economic functions and for joint enforcement of the Socialisation Laws. District Economic Councils and the Central Economic Council shall be so constituted as to include representatives of all important professional groups in proportion to their economic and social importance.
Bills on social and economic questions of fundamental importance must be submitted by the Government of the Realm to the Central Economic Council for consideration before being introduced. The Central Economic Council is entitled itself to initiate such bills, and if the Government of the Realm objects, it must, nevertheless, submit such draft to the Reichstag with an explanation of its views. The Central Economic Council may appoint one of its members to support the bill in the Reichstag.
Functions of control and of administration may be transferred to Workers' and Economic Councils within the spheres assigned to each.
The organisation and objects of the Workers' and Economic Councils, and their relations to other social autonomous bodies, are exclusively in the jurisdiction of the Realm.[43]
TEMPORARY CLAUSES AND FINAL CLAUSES.
Article 166.
Until the Supreme Administrative Court has been constituted, the Supreme Court shall appoint to the Court of electoral revision.
Article 167.
The provisions of Clauses 3 to 6 of Article 18 shall only come into force two years after proclamation of the constitution.
Until the act of the Realm referred to in Article 63 is promulgated, but at most for one year, the Prussian votes in the Reichsrat may be exercised by members of the Government.
Article 169.
The Government of the Realm shall determine at what date the regulation laid down in Clause 1 of Article 83 shall come into force.
Collection and administration of customs and excise may, on their demand, be left to the Lands for a reasonable transition period.
Article 170.
The postal and telegraph departments of Bavaria and Würtemberg shall be transferred to the Realm at latest on April 1st, 1921.
In so far as agreement concerning the terms of the transfer has not been reached by October 1st, 1920, the Supreme Court of Judicature shall decide.
Existing rights and responsibilities of Bavaria and Würtemberg shall remain in force until the transfer. Nevertheless, postal and telegraphic communication with foreign countries shall be exclusively regulated by the Realm.
Article 171.
State railways, waterways, and marine lights shall be transferred to the Realm at latest on April 1st, 1921.
In so far as agreement concerning the terms of transfer has not been reached by October 1st, 1920, the Supreme Court of Judicature shall decide.
Until the law constituting a Supreme Court of Judicature comes into force its functions shall be carried out by a Senate of seven members, of whom four shall be chosen from among their own members by the Reichstag and three by the Supreme Court. It shall regulate its own procedure.
Article 173.
Until promulgation of the act of the Realm referred to in Article 138, existing grants of the State to the religious associations in virtue of laws, contracts, or deeds shall continue.
Article 174.
Until the act of the Realm above referred to in Clause 2 of Article 146 is promulgated, previous legislation shall remain in force. The act shall pay special regard to those districts where a school which makes no religious distinction is established by law.
Article 175.
The provisions of Article 109 do not affect orders and insignia bestowed for service during the years 1914-1919.
Article 176.
All public officials and those on military service must take the oath to this constitution. The President of the Realm shall make further provision.
Article 177.
Where the existing law prescribes the formula of oath in a religious form, an individual may also be legally sworn so as to omit the religious form by saying the words: I swear. In all other respects the legal oath remains unaffected.
Article 178.
The constitution of the German Realm, dated April 16th, 1871, and the act for the Provisional Government, dated February 10th, 1919, are repealed.
The remaining laws and ordinances of the Realm remain in force, in so far as consonant with this constitution. The conditions of the Peace Treaty signed at Versailles on June 28th, 1919, are not affected by this constitution.
Orders legally issued by the public authorities in virtue of previously existing laws remain valid until replaced by further orders or legislation.
Article 179.
In so far as reference is made in laws or ordinances to regulations or institutions abolished by this constitution, there shall be substituted therefor the corresponding regulations or institutions of this constitution. In particular the Reichstag shall be substituted for the National Assembly, the Reichsrat for the States' Committee, and for the President of the Realm, elected under the act for the Provisional Government, a President of the Realm elected in virtue of this Constitution.
The function of issuing ordinances pertaining to the States' Committee in virtue of previous regulations shall pass to the Government of the Realm; in issuing ordinances the Government of the Realm shall require the consent of the Reichsrat as laid down in this constitution.
Until the first Reichstag, the National Assembly shall count as Reichstag.[44] Until the first President of the Realm shall enter upon office, his functions shall be carried out by the President elected under the act for the Provisional Government.
Article 181.
The German nation has pronounced upon and passed this constitution through its National Assembly. It comes into force on the day of its proclamation.
(Signed) President Ebert.
Ministers Erzberger, Muller, David Noske,
Schmidt, Schlicke, Giesberts, Mayer, Bell.
Schwarzburg, 11th August, 1919.