_Through the courtesy of the World Peace Foundation the Yale University Press is enabled to reprint "The Const.i.tution of the German Commonwealth" as it appeared in the_ League of Nations _for December, 1919. The following note on "The Terminology of the Const.i.tution" by the translators, William Bennett Munro and Arthur Norman Holcombe, appeared in the introduction to the translation_:

A word should be added in explanation of the way in which certain technical terms have been translated.

It is no longer fitting, for example, to translate _Reich_ as empire.

Yet it is not clear to what extent the old spirit as well as the old forms have changed. Certainly the "strange trappings and primitive authority" of the imperial government are gone. How far has the spirit as well as the form of government of, by, and for the People taken its place? It is too soon to say. Whatever the event may be, it seems best for Americans at this time to subst.i.tute for empire the less specialized expression, commonwealth.

Another difficulty arises when _Reichs_- is used as a qualifier. Is the _Reichsrat_, for example, a federal council or a national council? This raises a fundamental question concerning the effect of the Revolution.

Is the German Commonwealth a unified state or does it remain a confederation? Apparently the former federal States have not yet surrendered all their sovereign powers. The residue of sovereignty left to the States, however, is slight and unsubstantial. Recently, indeed (December, 1919), the a.s.sembly of the princ.i.p.al State, Prussia, is reported to have adopted a resolution in favor of further centralization. As the Const.i.tution stands, the Commonwealth appears to be a federation in which the rights of the States are subordinated to those of the Union to a far greater extent than in our own United States. It has seemed proper, therefore, to use the term "national"

rather than "federal."

The term _Reichsregierung_ might be translated National Government, or Administration, or Cabinet. We have adopted the term Cabinet because of its greater precision. Both the other expressions have a more general as well as a specialized meaning and would ordinarily be understood by Americans to include the President as well as the Chancellor and Ministers, who alone are the members of the Cabinet in the strict sense of the term. The _Regierung_ must be distinguished from the _Ministerium_. The latter term may designate either the whole body of ministers or the department of any one minister. In the text of the German Const.i.tution it is used only in the latter sense.

The translations adopted for the princ.i.p.al political terms of the new Const.i.tution are indicated in the glossary. In general the purpose has been to adhere as closely to a literal rendering of the German as was compatible with an intelligible English version. Preference has been given throughout the translation to the terminology of republican government as developed in the United States. For a correct understanding of a foreign const.i.tution, no translation can however suffice; the original text with a commentary must be carefully studied by anyone who wishes to obtain a thorough comprehension of such a doc.u.ment.

The translators are glad to acknowledge their indebtedness to Professor John A. Walz and Dr. F. W. C. Lieder of the Department of German in Harvard University, and to Dean Roscoe Pound of the Harvard Law School for careful scrutiny of the proofs and many helpful suggestions on difficult pa.s.sages.

W. B. M.

A. N. H.

January 5, 1920.

Glossary.

GERMAN TRANSLATION

Reich _Commonwealth_ Reichs- _of the Commonwealth, national_ Reichsarbeiterrat _National Workers' Council_ Reichsgericht _National Judicial Court_ Reichskanzler _National Chancellor_ Reichsminister _National Minister_ Reichsministerium, pl.,-ien _National Department_ Reichsprasident _President of the Commonwealth,_ _National President_ Reichsrat _National Council_ Reichsregierung _National Cabinet_ Reichstag _National a.s.sembly_ Reichsverwaltungsgericht _National Administration Court_ Reichswirtschaftsrat _National Economic Council_ Land _State (as integral part of the_ _Commonwealth)_ Landes- _of the State, State_ Landesregierung _State Cabinet_ Landtag _State a.s.sembly_ Wahlprufungsgericht _Electoral Commission_ Staat _country, state (one of the family of nations); referring to Germany, it designates the Commonwealth and separate States as a single political ent.i.ty._ Staatsgerichtshof _Supreme Judicial Court_ staatlich _political_ freistaatlich _republican_

The Const.i.tution of the German Commonwealth

_PREAMBLE_

The German People, united in all their branches, and inspired by the determination to renew and strengthen their Commonwealth in liberty and justice, to preserve peace both at home and abroad, and to foster social progress, have adopted the following Const.i.tution.

CHAPTER I

Structure and Functions of the Commonwealth.

_SECTION I_

COMMONWEALTH AND STATES

ARTICLE 1

The German Commonwealth is a republic.

Political authority is derived from the People.

ARTICLE 2

The territory of the Commonwealth consists of the territories of the German States. Other territories may be incorporated into the Commonwealth by national law, if their inhabitants, exercising the right of self-determination, so desire.

ARTICLE 3

The national colors are black, red and gold. The merchant flag is black, white and red, with the national colors in the upper inside corner.

ARTICLE 4

The generally recognized principles of the law of nations are accepted as an integral part of the law of the German Commonwealth.

ARTICLE 5

Political authority is exercised in national affairs by the National Government in accordance with the Const.i.tution of the Commonwealth, and in State affairs by the State Governments in accordance with the State const.i.tutions.

ARTICLE 6

The Commonwealth has exclusive jurisdiction over:

1. Foreign relations;

2. Colonial affairs;

3. Citizenship, freedom of travel and residence, immigration and emigration, and extradition;

4. Organization for national defense;

5. Coinage;

6. Customs, including the consolidation of customs and trade districts and the free interchange of goods;

7. Posts and telegraphs, including telephones.