6. preparation and adoption of a new constitution

Preparation and adoption of a new

constitution

Following the end of the Revolution, Germany had to set

up a functioning democracy.

In January 1919 elections were held to German

Constituent Assembly. 77% of voters voted for parties that supported a republic (the SPD got 38% of votes) and 23% of

voters opposed a republic.

After the elections, members of the Assembly met in the town of Weimar to draw up a new

German constitution.

Lawyer Hugo Preuss (and later SPD minister) headed the committee which designed the constitution. In August 1919,

the Assembly accepted the new constitution (262 to 75 votes).

The new constitution included a range of rules and rights which

would apply to Germany.

These fell into three categories:

• Many were uncontroversial

• Some were supported by the left and opposed by the right

• Others supported by the right and opposed by the left

Part 1 of the Constitution described how the German government would work.

It included features such as:

• Germany was a republic

• All men and women aged 20 and above could vote

• Reichstag elections would be held every four years

Part 1 (continued)

• The President would be voted for by the people every seven years

• The President controls all armed forces

• Chancellor and ministers are appointed by the President

• The Reichstag can remove the Chancellor and ministers

Part 1 (continued)

• The Chancellor and minister are responsible for policies and laws

• German states had influence through the Reichsrat

• The President can use force if public safety is threatened or any state refuses to follow national laws (Article 48)

Part 2 of the Constitution described the rights and

duties of all Germans.

It included features such as:

• Men and women were equal

• All Germans had the right of freedom of speech

• Germans could choose their own religion; there was no national religion or church

Part 2 (continued)

• Germans have the right to join trade unions

• A national system of social insurance will exist

• Germany can nationalise businesses if it chooses

• Middle classes will be protected from oppression

There were numerous strengths and weaknesses in

the Weimar constitution.

Many historians believe that some of the problems with the

constitution were a major reason for the eventual collapse of the Weimar government, and rise to

power of the Nazis.

The Weimar constitution was inspired by Britain,

France and the USA; it was said to be the most

democratic in the world.

It exceeded countries such as France and Britain e.g. in 1919 in the UK, men aged 21+ could vote and only some women age 30 and

above had this right.

The Weimar constitution was positive because:

• It gave all Germans an equal influence in choosing their government and laws

• It guaranteed a range of personal freedoms

• No single person or group could become too powerful

The Weimar constitution also had numerous problems:

• The proportional representation election system meant that governments were always coalitions, which often collapsed (15 Chancellors between 1919-32) and are not chosen by the people

• There was not always an obvious Chancellor candidate after elections, so the President had huge power

• Article 48 gave the President huge powers, which could be used to control the country using force if required

• Welfare guarantees angered many taxpayers

Historians’ views – Writing the Constitution

• Stephen Lee: The Constitution was regarded by those who framed it as the most advanced in existence at the time.

• R J Evans: the power to rule by decree (Article 48) was only intended for exceptional emergencies.

• Ruth Henig: The Constitution aimed to build a viable political structure and give social and economic rights for the people.

• Detlev Peukert: The writers of the Constitution wanted to accommodate mutually antagonistic ideologies.

Historians’ views – Impact of the Constitution

• K D Bracher: The constitution allowed for the possibility of presidential government without and even against the will of parliament and democratic public opinion.

• David Evans and Jane Jenkins: The constitution was not revolutionary, but was a major change from the imperial regime.

• Ruth Henig: The constitution was an ambitious and complex document. It sought to lay the basis for a modern parliamentary democracy, in which people would enjoy far-reaching political, social and economic rights.