Constitution of the German Confederation (1871)

Last updated
First page of the Bundesgesetzblatt des Deutschen Bundes, 27 January 1871: Emperor Wilhelm issues new elections to the Reichstag. BGBL DB 1871 007.jpg
First page of the Bundesgesetzblatt des Deutschen Bundes, 27 January 1871: Emperor Wilhelm issues new elections to the Reichstag.

The Constitution of the German Confederation (German : Verfassung des Deutschen Bundes) or November Constitution (Novemberverfassung) was the constitution of the German federal state at the beginning of the year 1871. It was enacted on January 1, 1871. This is a slightly changed version of the Constitution of the North German Confederation; it is not to be confused with the constitutional laws of the German Confederation of 1815.

The Constitution of the German Confederation of 1871 incorporated agreements between the North German Confederation and some the South German states that joined the Confederation: with Baden and Hesse-Darmstadt, but not Bavaria and Württemberg. The new constitution appeared on 31 December 1870 in the Bundesgesetzblatt des Norddeutschen Bundes (North German Federal Law Gazette) and came into effect the following day.

New elections to the Reichstag, the parliament, took place on 3 March. They included for the first time the South German states, also Württemberg and Bavaria. On 16 April 1871 the constitution was replaced with a new constitution which was in effect until the end of the German Empire in 1918.

There are four different constitutions or texts to distinguish between:

  1. The 'Constitution of the North German Confederation' (Verfassung des Norddeutschen Bundes, Norddeutsche Bundesverfassung, NBV) from 16 April 1867. It came into effect on 1 July 1867.
  2. The 'Constitution of the German Confederation' (Verfassung des Deutschen Bundes) as a text which was added to one of the November treaties: the agreement between the North German Confederation and Hessen-Darmstadt and Baden.
  3. The 'Constitution of the German Confederation' (Verfassung des Deutschen Bundes, Deutsche Bundesverfassung, DBV) as the constitutional text which appeared in the Federal Law Gazette on 31 December 1870. The Constitution, in spite of its title, already names the federal state 'German Empire' ( Deutsches Reich ). It came into effect the following day, 1 January 1871. [1]
  4. The 'Constitution of the German Empire' of 16 April 1871, which came into effect on 4 May 1871. This is usually the constitution called the Bismarcksche Reichsverfassung (BRV or RV).

In all of those four texts, the political system remains the same. The changes relate mainly to the agreements with the South German states regarding their accession to the North German Confederation. For example the number of delegates to the Federal Council were adjusted. All this was executed in a rather messy way. Constitutional historian Ernst Rudolf Huber called the constitution of 1 January 1871 a 'Monstrum'. [2]

The constitution of 1 January 1871 was one step from the North German Confederation to the German Empire. Those steps did not create a new state but concerned the accession of the South German states. The North German Confederation was renamed, and some of its organs received a new title. The constitution of 1 January 1871 did have lasting significance in the German Empire despite the new constitution of 16 April 1871: article 80 (not repeated in the constitution of 16 April) which made many North German laws come into force also in the South.

Related Research Articles

<span class="mw-page-title-main">German Confederation</span> 19th-century association of German states

The German Confederation was an association of 39 predominantly German-speaking sovereign states in Central Europe. It was created by the Congress of Vienna in 1815 as a replacement of the former Holy Roman Empire, which had been dissolved in 1806 in reaction to the Napoleonic Wars.

<span class="mw-page-title-main">North German Confederation</span> Federal state in Northern Germany, 1866–1871

The North German Confederation was initially a German military alliance established in August 1866 under the leadership of the Kingdom of Prussia, which was transformed in the subsequent year into a confederated state that existed from July 1867 to December 1870. A milestone of the German Unification, it was the earliest continual legal predecessor of the modern German nation-state known today as the Federal Republic of Germany.

<span class="mw-page-title-main">Constitution of the German Empire</span> German constitution from 1871 to 1918

The Constitution of the German Empire was the basic law of the German Empire of 1871–1918, from 16 April 1871, coming into effect on 4 May 1871. German historians often refer to it as Bismarck's imperial constitution, in German the Bismarcksche Reichsverfassung (BRV).

<span class="mw-page-title-main">North German Constitution</span>

The North German Constitution was the constitution of the North German Confederation, which existed as a country from 1 July 1867 to 31 December 1870. The Constitution of the German Empire (1871) was closely based on it.

<i>Reichsflotte</i> Military unit

The Reichsflotte was the first navy for all of Germany, established by the revolutionary German Empire to provide a naval force in the First Schleswig War against Denmark. The decision was made on 14 June 1848 by the Frankfurt Parliament, which is considered by the modern German Navy as its birthday.

<span class="mw-page-title-main">Frankfurt Constitution</span>

The Frankfurt Constitution or Constitution of St. Paul's Church (Paulskirchenverfassung), officially named the Constitution of the German Empire of 28 March 1849, was an unsuccessful attempt to create a unified German nation state in the successor states of the Holy Roman Empire organised in the German Confederation. Adopted and proclaimed by the Frankfurt Parliament after the Revolutions of 1848, the constitution contained a charter of fundamental rights and a democratic government in the form of a constitutional monarchy. King Frederick William IV of Prussia was designated head of state as "Emperor of the Germans", a role he rejected.

<span class="mw-page-title-main">Chancellor of Germany</span> Head of government of Germany

The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany, is the head of the federal government of Germany, and the commander-in-chief of the German Armed Forces during wartime. The chancellor is the chief executive of the Federal Cabinet and heads the executive branch. The chancellor is elected by the Bundestag on the proposal of the federal president and without debate.

<span class="mw-page-title-main">German Empire (1848–1849)</span> Failed attempt to create a German national state

The German Empire was a proto-state which attempted, but ultimately failed, to unify the German states within the German Confederation to create a German nation-state. It was created in the spring of 1848 during the German revolutions by the Frankfurt National Assembly. The parliament elected Archduke John of Austria as its provisional head of state with the title 'Imperial Regent'. On 28 March 1849, its constitution was implemented and the parliament elected the king of Prussia, Frederick William IV, to be the constitutional monarch of the empire with the title 'Emperor of the Germans'. However, he turned the position down. The empire came to an end in December 1849 when the Central German Government was replaced by a Federal Central Commission.

<span class="mw-page-title-main">Reichstag (North German Confederation)</span> Parliament of the North German Confederation

The Reichstag of the North German Confederation was the federal state's lower house of parliament. The popularly elected Reichstag was responsible for federal legislation together with the Bundesrat, the upper house whose members were appointed by the governments of the individual states to represent their interests. Executive power lay with the Bundesrat and the king of Prussia acting as Bundespräsidium, or head of state. The Reichstag debated and approved or rejected taxes and expenditures and could propose laws in its own right. To become effective, all laws required the approval of both the Bundesrat and the Reichstag. Voting rights in Reichstag elections were advanced for the time, granting universal, equal, and secret suffrage to men above the age of 25.

<span class="mw-page-title-main">Bundesrat (German Empire)</span> Upper house of the German Empires parliament

The Bundesrat was the highest legislative body in the German Empire (1871–1918). Its members were appointed by the governments of Germany's constituent states to represent their interests in the German parliament. The popularly elected Reichstag was the lower house. The Constitution of the German Empire required that both the Bundesrat and the Reichstag approve laws before they came into force. The Bundesrat was responsible for the enactment of the laws, administrative regulations and the judicial resolution of disputes between constituent states. Its approval was required for declarations of war and, with certain limitations, the conclusion of state treaties.

<span class="mw-page-title-main">Proclamation of the German Empire</span> 1871 unification of the German states

The proclamation of the German Empire, also known as the Deutsche Reichsgründung, took place in January 1871 after the joint victory of the German states in the Franco-Prussian War. As a result of the November Treaties of 1870, the southern German states of Baden, Hesse-Darmstadt, with their territories south of the Main line, Württemberg and Bavaria, joined the Prussian-dominated "North German Confederation" on 1 January 1871. On the same day, the new Constitution of the German Confederation came into force, thereby significantly extending the federal German lands to the newly created German Empire. The Day of the founding of the German Empire, January 18, became a day of celebration, marking when the Prussian King William I was proclaimed German Emperor at the Palace of Versailles.

<span class="mw-page-title-main">November Treaties</span>

The November Treaties concluded in November 1870 on the accession of the kingdoms of Bavaria and Württemberg and the grand duchies of Baden and Hesse to the North German Confederation. A new foundation was not envisaged but the North German Federation was to expand with the southern German states in order to form the German Empire.

The Imperial Plan of 1870 was a diplomatic initiative set out by the Prussian Minister President and Federal Chancellor of the North German Confederation, Otto von Bismarck. Accordingly, the Prussian King was able to assume the title of German Emperor.

<span class="mw-page-title-main">Bundespräsidium</span> Title under the German Confederation

Präsidium des Bundes or Bundespräsidium was a title under the German Confederation whereby the Austrian delegate held the chair of the Federal Assembly. Austria was thus called the presiding power. This did not give Austria extra competencies: its delegate simply led the proceedings of the Federal Assembly.

<span class="mw-page-title-main">Reichsminister</span> German ministers 1848–1849 / 1919–1945

Reichsminister was the title of members of the German Government during two historical periods: during the March Revolution of 1848/1849 in the German Reich of that period, and in the modern German federal state from 1919 to the end of the National Socialist regime in 1945.

<span class="mw-page-title-main">Autumn Crisis of 1850</span> German political-military conflict

Autumn Crisis or November Crisis is the name given to a political-military conflict in Germany in 1850. In this conflict, the ultra-conservative Austrian Empire led those German states that wanted to restore the German Confederation after the revolution of 1848-1849, while Prussia wanted to create a new federal-state. This almost led to war in Germany, which was finally avoided by Prussia's backing down.

<span class="mw-page-title-main">South German Confederation</span>

From 1866 to 1869, the South German Confederation or Südbund, was the idea that the southern German states of Bavaria, Württemberg, Baden and Hesse-Darmstadt would form a confederation of states. Article 4 of the Peace of Prague after the Austro-Prussian War spoke of this possibility. However, due to disagreement among themselves, the southern German states concerned did not make use of this.

References

  1. Ernst Rudolf Huber: Deutsche Verfassungsgeschichte seit 1789. Vol. III: Bismarck und das Reich. 3rd edition, W. Kohlhammer, Stuttgart [u. a.] 1988, p. 747.
  2. Ernst Rudolf Huber: Deutsche Verfassungsgeschichte seit 1789. Vol. III: Bismarck und das Reich. 3rd edition, W. Kohlhammer, Stuttgart [u. a.] 1988, p. 757.