National Assembly of Weimar

The German constituent National Assembly ( of verfassunggebende deutsche Nationalversammlung ), usually called the National Assembly of Weimar ( of Weimarer Nationalversammlung ), was a parliamentary assembled of the German Reich instituted after the fall of the Empire and the proclamation of the republic in order to equip Reich with a new constitution. It included/understood 421 members elected on January 19th, 1919, and took up duty on February 6th; in order to escape the Berliner revolutionary agitation, it initially sat at Weimar, then transferred its seat to Berlin on September 30th.

It adopted on July 31st, 1919 the news Constitution of German Reich, known as constitution of Weimar, which was promulgated on August 11th and gave rise to the Weimar Republic. She also exerted the legislative power whose the Reichstag was invested before.

She pronounced her dissolution on May 21st, 1920, and the first legislature of the new Reichstag was elected on June 6th.

Setting-up and election

After the Revolution of November of 1918, the idea to establish an assembly which would decide new mode of the German Reich is approved at the same time by the chancellor Maximilian von Baden, which had pronounced the forfeiture of the emperor Guillaume II, and by the social democrat . The Conseil of the police chiefs of the people, which exert temporarily the governmental functions, makes the decision on November 30th and convenes the voters for the next on January 19th of it. The Right to vote for the first time is granted to the women in the worldwide, and will be voters all men and women German being twenty years old accomplished the day of the vote . December 19th, the Congrès of the councils of workmen and soldiers of Reich, dominated by the majority social democrats, this decision with a vast majority approves, which puts an end to the prospect for a republic of the councils advanced by the independent social democrats and the spartakists.

The 421 members of the Parliament are elected the legislative elections of January 19th, 1919. The vote takes place in the near total of the territory of Reich in its borders of before the war, because the annexations did not take place yet; only the Alsace-Lorraine and the province of Posen cannot take part.

In the new assembly, the social democrat Parti (SPD) is the first party with 37,9% of the voices and 163 seats. They train a majority, called the Coalition of Weimar, with the catholics of the Zentrum, with 19% of the voices and 91 seats, and the liberals of the German Democratic party (DDP), with 18,6% of the voices and 75 seats. The old left wing of the SPD, the independent social democrat Left (USPD), obtain 7,6% of the voices and 22 seats. The main road-liberal line of the German Popular party (DVP) obtains 4,4% of the voices and 19 seats, and the national-conservatives of the national Parti the German people (DNVP), 10,3% of the voices and 44 seats. Four regionalistic small parts are also represented with 7 seats.

Parliamentary activities

Cabinets and the legislation

The German constituent National Assembly meets on February 6th, 1919, with Weimar, in Thuringe, rather than with Berlin in order to withdraw itself from the revolutionary disorders which endanger the independence and the safety of the deputies; the town of Erfurt, one moment considered, was isolated for military reasons. The choice of Weimar also makes it possible to place work of the components under the invocation of the Classicisme of Weimar and the ideals of the Lights. The Parliament sits at the German National theater.

She elects the social democrat Eduard David with her presidency, then, on February 11th, the former social democrat chancellor Friedrich Ebert at the station of President of Reich. February 14th, Eduard David, entered to the cabinet as Minister for Reich without wallet, is replaced with the presidency by the vice-president Konstantin Fehrenbach, of Zentrum.

The first government is formed by the social democrat Parti (SPD), the Zentrum and the Democratic party (DDP), with the social democrat Philipp Scheidemann as minister-president of Reich.

June 20th, the Scheidemann cabinet resigns because of the refusal by the Agreement of its counter-proposal. Gustav Bauer becomes minister-president: It is necessary today to cease the protests and the storms of indignation.
Signons, here what I must propose to you in the name of the entire cabinet. Let us sign without condition . I do not want anything embellir.
Les reasons which drive back us with this proposal are the same ones as yesterday, but now only a deadline of four small hours separates us from the recovery from the hostilities. We could not answer a new war, even if we had arm. We are disarmed. But disarmament is not dishonor! (Applause)
Certes, our adversaries wants to make an attempt on our honor, without any possible doubt, but I believe and I will believe to my last breath that this attempt will fall down for once on its authors even, and that it is not our honor which perishes at the time of this world tragedy. (Hard applause)

The treated of Versailles is signed on June 28th in the Galerie of the Ices, with the Château of Versailles, by the Ministers for Reich to the Foreign affairs and with Transport, Hermann Müller and Johannes Bell.

July 9th, the Parliament ratifies the treaty by the law on the conclusion of peace between Germany and the Allies and associated powers.

Constituent activities

The constitution project is filed in by the Minister for Reich inside, the liberal lawyer Hugo Preuß, is influenced by the theory of the parliamentarism of Robert Redslob.

After examination and amendment of the constitutional project by the constitutional commission ( of Verfassungsausschuss ) under the presidency of Conrad Haußmann (DDP), its second reading in plenary session begins on July 2nd, 1919.

The question of the name of the State

At the time of the meeting of July 2nd, the independent social democrat Left (USPD), by the voice of Oskar Cohn and with the support of SPD, proposes to change the name of the State of “German Reich” ( Deutsches Reich ) into “German Republic” ( Deutsche Republik ) in order to underline the rupture with the preceding mode. He declares that the maintenance of the term Reich , usually translated by Empire into English and French, is likely to give in the foreign countries the impression which Germany preserved its concerned imperialists.

This proposal is fought by Bruno Ablaß (DDP), who advances that the term Reich lost its monarchical direction; it to take for example the German name of France, Frankreich , that nobody associates any more with one monarchy. The proposal for a name change fails.

Clemens von Delbrück, of DNVP, declares for its part that article 1 ( German Reich is a republic. The political power emanates from the people. ) constitutes a radical and useless upheaval.

The question of the federalism

July 2nd, Oskar Cohn presents in addition the proposal of USPD to make of Reich a unit State instead of a Federal state; he considers that a unit mode and without federate States will be more effective, and that Länder are only relics of the old monarchical time.

The speakers of the other groups oppose this vision and consider that the constitution project already has a significant reinforcement of the central capacities, marked in particular by the replacement of the Bundesrat, powerful the second room representing Länder under the Empire, by a only advisory Reichsrat, the transfer to Reich of the Poste S and Railroad, and the abolition of the privileges of the Prussia. The maintenance of the federalism moderated by a reinforcement of Reich carries it.

The question of the flag

The question of the flag of Reich is also discussed at the time of the meeting of July 2nd. SPD and the Zentrum are favorable to the adoption of black-red-but, while DVP and DNVP wish the maintenance of the imperial flag black-white-red. USPD proposes the adoption of the red Drapeau. The deputies of DDP are mainly favorable to the imperial flag, but a strong minority of them joins with black-red-but.

The Government of Reich, by the voice of the Minister for Reich inside Eduard David, also decides for black-red-but, with the reason which it carries the colors of the first Burschenschaft created in 1815 to the university of Iéna and of the revolution of 1848 and is associated with the national unit of all the Germans, while black-white-red represented the State small-German dominated by Prussia.

Wilhelm Kahl, expressing the majority position of the German Popular party, decides against the change of flag, which he considers useless and stripped of relevance. He considers that the black-white-red is not the flag of the imperialism and oppression, but that of the German Unité, while it black-red-but is associated with the failure of the unifying ideals of 1848 and that its adoption would lead to the rejection of the new mode by most of the population.

The opinion of the minority of the Popular party is presented by Ludwig Quidde, which is in favor of the new flag. It calls however with a compromise about the house, and proposes to leave this one in black-white-red, while associating a flag smaller black-red-yellow to him.

Wilhelm Laverrenz, for the national Left the German people, also refers to the unit of 1871, but goes further and denies that it black-red-but can never incarnate the whole of the German people. He declares that the soldiers of the Great War fought for the black-white-red and were accommodated by the black-white-red when they returned to the country without to be beaten, and that the State could not withdraw this flag with the people. He associates it black-red-but with the failure of 1848 and recalls that he was raised by the enemies of Prussia at the time of the war austro-Prussian of 1866. Like Kahl, he adds that the black-white-red is more visible at sea and should remain German house, and thus, Reich which cannot have two flags without causing confusion, national flag.

Carl Petersen, for the German Popular party, decides for the maintenance of the black-white-red, while stating to respect the choice of the deputies favorable to black-red-but in remembering 1848. He is critical with respect to the other speakers, whom he considers too abstract, and invites to return himself to practical considerations. He advances that a change of flag would be detrimental with the Foreign trade, because the black-white-red is associated with the effectiveness and quality German, while black-red-but is unknown abroad for it. The social democrat Hermann Molkenbuhr answers him by recalling that the Hanse had been opposed to the black-white-red in 1871 and had sought to preserve its old houses by raising the argument of the foreign trade, and that the Exportation S and the Merchant navy had not suffered then from the change of flag.

Oskar Cohn, for USPD, proposes to make red Drapeau the flag of the German State, advancing which it is associated with the Révolution, with the Liberté and the Progrès.

The Parliament chooses finally the flag black-red-but like flag of Reich.

The question of the Head of State

The question of the functions of the President of Reich is discussed on July 4th.

Hugo Haase, for USPD, decides for the abolition of the station and the introduction of a collegial presidency.

Albrecht Philipp, for DNVP, is contrary to opinion to increase the capacities of the Head of the State, joining in that the opinion of the parties of the coalition to the capacity. He in addition proposes to hold eligibility with the president's functions of Reich to the people being German of birth.

The final text granted to the president of Reich of broad capacities aiming at enabling him to balance those of the Reichstag and making of him a “emperor of substitution” ( of Ersatzkaiser ).

The question of the referendum

The Parliament tackles on July 7th the question of the Référendum. Rudolf Heinze expresses the opposition of the Popular party to the referendum in all its forms, while Simon Katzenstein (SPD) and Oskar Cohn (USPD) wish to develop the provisions of the constitutional project.

Clemens von Delbrück expresses the division of DNVP on the question. Itself defends a compromise solution in which a referendum can be organized to possibly slice a conflict between the Reichstag and Reichsrat, or convened by the president of Reich to require of the people to come to a conclusion about a law adopted by the Reichstag, which draws aside the Plébiscite.

Hugo Preuß, Minister for Reich inside speaking in the name of the government, and Erich Koch, for the Democratic party, support the referendum including in plebiscitary form, joining in that with the contents of the constitutional project. He are opposed however to certain aspects of the proposal of the SPD, which seems to them to go too far.

None the amendments not collecting majority, the version of the constitutional commission are adopted.

The question of the public administration

The section devoted to the administration of Reich is also spent under discussion on July 7th.

The most important change adopted compared to the imperial time is the proclamation of Germany like an economic zone unified, which involves the transfer to Reich of legislative competence as regards tax Droit and the unification of the postal services and railway at the expense of Länder of the South.

The question of the jurisdictions

The legal system are spent under discussion on July 10th. The principal reform is the introduction of an administrative order and the restrictions of the military jurisdictions on time of war. The independence of the magistrates is proclaimed. The text also envisages the creation of a Court of State of German Reich ( of Staatsgerichtshof für das Deutsche Reich )

USDP proposes to found popular courts, but this proposal is disallowed by the other parties.

The question of the rights and duties fundamental

The question of the rights and fundamental duties is tackled on July 11th. The divergent opinion on the principles to retain, like opportunity of even introducing constitutional provisions into this field.

The text presented in committee by Friedrich Naumann is considered to be too lyric by all the parties. Rudolf Heinze, for the Popular party, clearly rejects the introduction of a catalog of rights into the constitution, informant whom it would undermine the rights Länder like to the rights of the individuals, for example employers and employees. He also considers that the enumeration is too detailed and that certain provisions are field of the ordinary law, and gives the example of measurements of disciplinary Droit or of Penal procedure transformed without need into constitutional standards.

Erich Koch, for the Democratic party, declares that the relative tendencies with the basic rights will block the action of the legislator and were not to intervene in the relationship between private individual. Although favorable to the introduction of the basic rights into the text, the DDP regards the enumeration as too vast. In order not to delay the conclusion of work of the Parliament, the DDP invites with the adoption of the text, if possible without change, because he regards it as an applicable compromise in spite of his defects.

Hugo Preuß, Minister for Reich inside being expressed in the name of the government, criticizes the development by the commission of the list of the basic rights. It calls with the moderation of the component and declares that a constitution cannot nor should not regulate any matter, and points out the example of the constitution of the 1849, which failed because of the dissensions atour of the question of the basic rights.

Bavarian Konrad Beyerle, deputy of the Zentrum and one of the authors of the extended enumeration, take the defense of the text of the commission. He states to regard as essential to proclaim in the constitution the basic principles of the new mode and to withdraw them from the ordinary legislative procedure. Beyerle receives the support of the social democrat max Quarck, who insists on the teaching effect of the provisions suggested; Quarck decides however for the continuation of the discussions on their contents and against their adoption in block.

The fundamental rights and duties form a big part of the final text, with all the second part, i.e. articles 109 to 164.

Adoption of the Constitution

The final version of the project of constitution, appreciably different from the first version, is adopted on July 31st with a vast majority of 262 votes against 75, with 84 abstentions. She is promulgated on August 11th.

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