Chapter IX: Section I: Realm and Lands

ARTICLE 1.

The German Realm is a Republic.[1]

Constitutional power proceeds from the people.[2]

ARTICLE 2.

The territory of the Realm consists of the territories of the German Lands.[3] Other territories may be incorporated in the Realm by an act of the Realm, if their populations should so desire in virtue of the right of self-determination.

ARTICLE 3.

The colours of the Realm are black-red-gold. The commercial flag is black-white-red with the national colours in the inner upper corner.[4]

ARTICLE 4.

The generally recognised rules of international law are held to be integral and obligatory parts of the Law of the German Realm.[5]

ARTICLE 5.

Constitutional power shall be exercised, in matters pertaining to the Realm, by the Constitutional Bodies of the Realm on the basis of the constitution of the Realm, in matters pertaining to the Lands, by the constitutional bodies of the Lands on the basis of the constitutions of the Lands.

ARTICLE 6.

The Realm has exclusive legislative authority in:--

(1) Foreign relations.[6]

(2) Colonial affairs.[7]

(3) Nationality, freedom of domicile, immigration and emigration, extradition.

(4) National defence.[8]

(5) Currency.

(6) Tariffs, and the Customs and Commercial Union and freedom of Trade.

(7) Posts and telegraphs, including telephones.[9]

ARTICLE 7.

The Realm has legislative authority in the following subjects:--

(1) Citizenship.

(2) The criminal code.

(3) Judicial procedure, including the execution of justice; further, official co-operation between public authorities.

(4) Passports and police supervision of aliens.

(5) Poor relief and vagrancy.

(6) The Press, the right of association, the right of meeting.

(7) Population questions, care of mothers, infants, children, and young persons.

(8) Public health, veterinary regulations, and protection of plants against disease and pests.

(9) The right to work, insurance and protection of workers and employees, and employment exchange.

(10) The institution of vocational associations extending over the Realm.

(11) The care of discharged soldiers and their dependants.

(12) The right of expropriation.

(13) Socialisation of natural resources and of economic enterprises, further the manufacture, production, distribution, and price regulation of economic commodities for general use.[10]

(14) The commercial code, weights and measures, the issue of paper money, banking, and stock exchange regulations.

(15) Dealings in foodstuffs and food luxuries, and also in essential commodities of daily use.

(16) Industry and mining.

(17) Insurance.

(18) Merchant shipping, high-sea and coastwise fishing.

(19) Railways, canal traffic, motor traffic by land, sea, and air, and the construction of roads serving general traffic and national defence.[11]

(20) Theatres and cinemas.

ARTICLE 8.[12]

The Realm has further the right of legislating as to taxation and other revenues, in so far as they are wholly or partially appropriated to its purposes. Should the Realm appropriate taxes or other revenues hitherto assigned to the Lands, it must keep in view the proper requirements of the Lands.

ARTICLE 9.

The Realm has the right to legislate on the following subjects, or, if and when it is necessary to issue uniform regulations:--

(1) Social welfare work.

(2) Protection of public order and public safety.

ARTICLE 10.[13]

The Realm can by Act, frame general principles regulating:--

(1) Rights and responsibilities of religious communities.

(2) Education, including all higher education and scientific libraries.

(3) Rights of the officials of all public bodies.

(4) Right to the land, land distribution, land settlement and small holdings, the law of entail, housing, and distribution of the population.

(5) Burial of the dead.

ARTICLE 11.

The Realm can by way of legislation, frame general principles concerning the validity and collection of taxes levied by the Lands to protect important interests of society and prevent:--

(1) Prejudice to the revenues or commercial relations of the Realm.

(2) Levies on public communications or institutions if excessive or such as to interfere with communication.

(3) Where, in the course of traffic between the different Federal States or provinces, commodities entering a certain State suffer financial disabilities as compared with the same class of commodity manufactured in such State.

(4) In order to exclude export premiums or to safeguard important social interests.

ARTICLE 12.

As long as, and in so far as, the Realm makes no use of its rights of legislation, the Lands retain the right of legislating. This does not apply to legislation which belongs to the Realm exclusively.

The Government of the Realm has the right of veto against any legislation of the Lands which affects the provisions of Number 13 of Article 7, in so far as the interests of the whole community of the Realm are thereby affected.

ARTICLE 13.

Law of the Realm prevails against law of the Lands.

Should any doubt or difficulty arise as to whether an act of the Land legislature is compatible with the law of the Realm, the competent authorities of the Realm or Land may appeal to the decision of a Supreme National Court of Judicature; as may be subsequently determined by an act of the Realm.

ARTICLE 14.

Acts of the Realm are administered by authorities of the Lands except in so far as may be otherwise determined by acts of the Realm.

ARTICLE 15.

The Government of the Realm has the right of supervision over those matters in which it has the right of legislation.

The Government of the Realm may lay down general directions where acts of the Realm are administered by the authorities of the Lands. It may send commissioners to the authorities of the Lands, and with their concurrence to subordinate authorities in order to supervise the execution of the acts of the Realm.

The Land Governments are bound to remedy, on demand of the Government of the Realm, any deficiencies which may have appeared in the course of executing the acts of the Realm. In cases of dispute, both National Government of the Realm and Governments of the Lands may appeal to the decision of a Supreme Court of Judicature, except where an act of the Realm declares another court to be competent.

ARTICLE 16.

Officials directly charged with administrative affairs of the Realm in any Land shall, as a rule, be citizens of that Land. Officials, employees, and workers in the employ of the Realm shall, if they so desire, be employed within their home Land, in so far as this is possible, and in so far as the requirements of the service or of their training are not prejudiced.

ARTICLE 17.

Every Land must have a liberal constitution.[14] The Representative Body must be elected by universal, equal, direct, and secret suffrage by all nationals of either sex, on the system of proportional representation.[15] The Government of the Lands must have the confidence of the Representative Body.[16]

The principles laid down for the election of the Representative Body apply also to the elections to Local Bodies. Nevertheless, Land legislation may require, as an elector's qualification, domicile within the locality not exceeding one year.[17]

ARTICLE 18.[18]

The division of the Realm into Lands shall have in view the highest economic and cultural progress of the People, while paying all possible regard to the wishes of the population affected. An act of the Realm in the form of a constitutional amendment is required for any modification of the frontiers of Federal States, or for the creation of new Lands within the Realm.

Where the Lands directly affected consent, a simple Act of the Realm shall suffice.

A simple act of the Realm shall further suffice where one of the Lands affected does not consent, but where the alteration of a frontier or the creation of a new Land is demanded by the wishes of the population and there is an overwhelming national interest in favour of it.

The wishes of the population shall be ascertained by means of a plebiscite. The Government of the Realm shall order a plebiscite to take place if one-third of the total number of those who have a vote for the Reichstag, living within the territory affected, demand it.

Three-fifths of the votes recorded, and at least a majority of the total number of electors, are necessary to determine any alteration of frontier or the foundation of a new Land. Even where there is only question of separating part of a Prussian county or of a Bavarian district, or of the corresponding divisions in any other Land, the wishes of the population inhabiting the whole district affected must be ascertained. Should there be no regional relationship between the portion to be disconnected and the whole district, a special act of the Realm may declare the wishes of the portion which is to be disconnected to be sufficient.

When the wishes of the population have been ascertained, the Government of the Realm shall embody them in an act for decision by the Reichstag.

Should any dispute arise on the occasion of a union or a separation of territory in respect of property claims, the decision shall lie with the Supreme National Court of Judicature of the whole Realm on appeal of either party.

ARTICLE 19.

Should a constitutional dispute arise within a Land, for deciding which there is no competent court, or should a dispute of a public nature arise between Lands or between the Realm and a Land, either of the disputing parties may appeal, unless another court of the Realm is competent, to the Supreme National Court of Judicature, which shall decide. Execution of the decision of the Supreme Court of Judicature shall lie with the President of the Realm.