Weimar Constitution

Reich Constitution of August 11th, 1919

Much like the U.S. Constitution and its legal system, The Reich Constitution of August 11^th 1919 or Weimar Constitution, in the following Articles reveals to me the attempt made by the Weimar Republic at providing hierarchy and structure within their government.

Article 12 As far and as much the Reich does not make use of its right to legislate, the states are entitled to legislate. This does not apply to the areas in which the Reich has the exclusive right to legislate. When it comes to state laws pertaining Article 7 Number 13, the Reich government, inasfar the welfare of the Reich is concerned, has the right to object. Article 13 Reich law breaks state law. If there are doubts or opposing opinions regarding if a state regulation harmonizes with Reich law, the respective Reich or central state authority may request, according to the specifications of Reich law, the Reich supreme court to decide in the matter.

            Similarly as how the U.S. proceeds with allowing independent State legislature albeit Federal legislature taking precedence in matters which elevates to a Federal level, the above Articles state the proposed elevation of law in which the Reich supreme court shall make the ultimate decision; in the U.S., State legal matters may be appealed in higher state courts which at times may even get elevated to Federal courts and ultimately to the SCOTUS.

            Besides hierarchy and structure outlined about the Weimar government system, what enticed me more was Article 118 and about the German’s individual freedom involved.

Article 118 Every German is entitled, within the bounds set by general law, to express his opinion freely in word, writing, print, image or otherwise. No job contract may obstruct him in the exercise of this right; nobody may put him at a disadvantage if he makes use of this right. There is no censorship; in case of the cinema, other regulations may be established by law. Also in order to combat trashy and obscene literature, as well as for the protection of the youth in public exhibitions and performances legal measures are permissible.

Article 123 All Germans have the right to assemble peacefully and unarmed; such assemblies do not require any prior notification or special permit. A Reich law can require prior notification for assemblies taking place in the open, and it can, in case of imminent danger for public security, stipulate that such assemblies in the open may be prohibited.

            However loosely termed, much of it sounds similarly to parts of our First Amendment including freedom of speech, expression, assembly and possibly freedom of press.  Also, Article 137, not captioned due to its length, stated freedom of religion that “there is no state church.”  I wonder if the Article also aimed to include Press freedom.  If left solely as an individual freedom as “Every German is entitled”, of course within other guidelines, or “within the bounds set by general law”, I also wonder what the implications of libel or defamation laws there may be.  I surmise much of their defamation laws would have been established through various court cases as is in the U.S., how the loosely termed First Amendment had to endure countless court cases as well as changes in time along with sensible, intellectual Supreme Court justices for the law to be interpreted, structured and established as precedent.

It was cheaper to burn paper money instead of using it to purchase coal or wood for heat.

            What’s mind boggling is the simple fact that, however brief the Weimar Republic, with the type of Constitution established and exercised, how much faith did all those Germans lose about their government to give up or allowed the giving up of such freedoms to the authoritarian then to a dictatorship Nazi Regime.  Of course, as Professor stated in his lecture, there were other factors involved, the turmoil and the aftermath of the revolution which put stress on the economy that eventually led to the hyper-inflation period that made the Germans much more insecure about their government which eventually made easier for Hitler and the Nazi’s to come to power; Hitler used Article 48 which nullified all Articles mentioned above and more along with the power to use armed forces.  As voiced in class lecture, I still feel strongly that Germans almost as sheep in a herd longed for authoritarianism not because they were simpleton as sheep but because of the constant on-going peril they’ve encountered decades long.  For example, the usage of the word “Reich” continued even after the Kaiser had been abandoned – I’m thinking in terms of the German’s conscious or their subconscious in their acceptance of the authoritarian “Empire”.  Perhaps this factor is related and can be said that they did not want to let go?