Before we do the next state, we need to establish some background.
The Constitution of 1871
There are fundamental differences between how Americans understand government and the way that the German Empire functioned. The German Empire was a federation of 25 states not “united states.” This was not an empire composed of 65 million people, but a union of 25 individual members. Neither was it a league of princes; rather, it was a federation constructed of divergent states. Upon joining the Imperial German Empire, the individual states gave up their sovereignty, but they retained a wide range of powers to govern their internal affairs. This ability was an extension of their rights that existed before they joined the Empire. The central government had specific rights, and while these rights were quite extensive, they had definite limits; anything not covered by the constitution was a matter for the states.
Article 4 of the Imperial Constitution gave the empire specific powers:
- Regulations relating to domicile, settlement, and citizenship (except in Bavaria),
- Legislation pertaining to customs, commerce, and their taxes,
- Regulation of weights, measures, and coinage,
- Banking regulation,
- Patents and inventions,
- Protection of intellectual property,
- Protection of trade in foreign countries, the high seas, and consular representation,
- Railway matters (some reservations to Bavaria),
- Waterways and navigation,
- Postal and telegraph matters (with some reservations to Bavaria and Württemberg),
- Regulations pertaining to the execution of judgments in civil matters,
- Authentication of public documents,
- Legislation concerning civil and criminal law,
- Military establishment of the Empire and the Navy,
- Regulation of the medical and veterinary police,
- Regulation of the press and the right of association
States, on the other hand, determined the laws of succession, internal administration of their own budgets, police regulations, fire and building regulations, water rights, road laws, credit, forestry, mines, public instruction, agriculture, and the relationship between church and state. Municipalities shared the responsibility for care of the poor, education, urban planning, public hygiene, utilities, hospitals, local roads, and transport.
Of course, not all states were equal. The southern states were added to the North German Confederation with certain reserved rights. These were the Sonderrechte states. Individual treaties with each southern state determined these rights. Most of the treaties dealt with the taxation on beer, brandies, and some telegraph and post issues, but Bavaria received the advantage of six votes in the Bundesrat instead of four. Bavaria also maintained the right to send an Ambassador to the Vatican. The four kingdoms had permanent seats on the Committees on Army, Fortifications, and Foreign Affairs.
Another fundamental difference between Imperial Germany’s government and that of America is that the states were required to enforce the imperial laws. State officials, not officials of the empire, levied imperial customs and taxes. In matters pertaining to foreign affairs, as well as the Navy and fortifications, the control of the empire was supreme. Ambassadors to foreign lands were imperial officers, while the consuls and officials in the protectorates were imperial appointees
There was a dual arrangement with the Army. The empire directly regulated all the activities of the officers in command. On the other hand, the subordinate officers were under the control of the states and the whole system of military organization, instruction, religious care, and justice was left in the hands of the states. The army inspectors were imperial, the commanding generals and the ministers of war were state officials.
This confederation was not a parliamentary government, as we know it. A chancellor, whom the Kaiser handpicked and appointed, headed the imperial government. The chancellor decided what legislation would be drafted, and then the ministers drew up the legislation for Parliament’s approval. There were two kinds of laws—general laws and regulations. Unlike the Constitution of the United States, constitutional amendments were relatively common and were considered general laws. There were 11 constitutional amendments by 1914. There were also several laws that had the effect of amending the Constitution.
In the Imperial Parliament, there were two houses—the Bundesrat and the Reichstag. (Individual states had different kinds of parliaments and franchises that are discussed in Chapter 3.) Most legislation was introduced in the Bundesrat and then sent to the Reichstag. In the case of a tie, Prussia’s vote in the Bundesrat decided the matter. However, under the Constitution, legislation could be introduced into either or both houses so there was not an upper house and a lower house.