The Constitution of the Weimar Republic

The Weimar Republic was established in February 1919 in defeated Germany and lasted until March 1933- when it was replaced with Hitler/' s Third Reich. The Constitution of the Weimar Republic was ad Contd...

The Weimar Republic was established in February 1919 in defeated Germany and lasted until March 1933- when it was replaced with Hitler/' s Third Reich. The Constitution of the Weimar Republic was adopted in August 1919. It created a bicameral house of representatives: the Reichstag- a national assembly- and the Reichsrat- comprised of the representative of the various Lander (states).
The Reichsrat could reject laws passed by the Reichstag. The Lander sported their own state parliaments- local police forces- and judiciary. During states of emergency- Lander assemblies and governments were suspended and they were ruled directly from the center.

Elections were supposed to be held every 4 years and anyone over 20 years of age could vote. A system of proportional representation gave voice and presence in the Reichstag to even the smallest political parties. One tenth of the population could force a referendum on draft legislation rejected by the Reichstag.

The President- elected by universal suffrage- was the head of state and served a term in office of seven years. He appointed and dismissed the Chancellor (prime minister) and commanded the Republic/' s much-reduced armed forces. He had the right to veto laws passed by the Reichstag- dissolve it and call early elections and referenda. He could also rule by decree- having declared a state of emergency.
Politics
The Constitution of the Weimar Republic
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The Weimar Constitution guaranteed the right to local self-government- a "dignified existence"- economic and religious freedoms- freedoms of speech- press- and assembly- and the right to form trade unions.

The Weimar Constitution was never abrogated or replaced. it remained in force until 1949 - throughout the 12 years of the Third Reich.

But on February 28- 1933 - a day after the Reichstag building was set on fire- allegedly as part of a "Communist plot" - Hitler submitted to von Hindenburg- the ailing and octogenarian German president- an emergency decree titled "For the Protection of People and State; to guard against Communist acts of violence endangering the state".
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Article 1 of the decree suspended all rights guaranteed by the Weimar Constitution. It read:

"Thus- restrictions on personal liberty- on the right of free expression of opinion- including freedom of the press- on the right of association and assembly- and violations of the privacy of postal- telegraphic- and telephonic communications- and warrants for house-searches- orders for confiscations- as well as restrictions on property rights are permissible beyond the legal limits otherwise prescribed."

Article 2 of the decree allowed the Reich government to take over the power of the Lander governments in order to restore security and order.
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The Weimar Constitution was a dead letter.

The 13- 000 word Constitution- adopted in 1949- by West Germany- was patterned after its Weimar predecessor but contained safeguards against its own suspension by a willful dictator and against the declaration of aggressive war. The Land of Bavaria - an important constituent of West Germany - refused to ratify it because it deemed it too "centralistic" (not enough power was granted to the Lander).

The first elections under this revamped document took place in August 14- 1949.


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