What is commonly known as Germany is, in fact, a federation of numerous kingdoms, duchies and principalities. The country is generally thought of as representing absolutism in the person of the German Emperor. This is hardly the case.

When Central Europe was ravaged by Napoleon, the numerous German states sought alliances with each other for protection against the common enemy. For a long time Austria was the leader. At the time of the war of 1866 however, Prussia came forward, and Austria was relegated to the background. When Prussia emerged victorious from the Franco-Prussian War, in 1871, the coalition of states elected William of Prussia its president and crowned him Emperor in the palace of the French king at Versailles. Shortly after this, a convention was called which framed a constitution. Three forces had been at work to bring about this empire, namely: the protection sought by the German kings and princes, the desire of the great Bismarck to make Prussia dominant, and the efforts of the small German rulers to perpetuate their rights to their individual thrones.

The individual states that entered into the confederation yielded up much of their power to the imperial government. In fact, the coalition is not loose, but is a firm pact —an "indissoluble union of indestructible states." The local laws mostly govern. In the courts of these states there is the usual system of local and superior courts in the several kingdoms. Aside from the management of their local affairs, the smaller states have reserved principally the right of representation.

The imperial government consists of the Emperor and his officials, the Bundesrath, or federal council, similar to the United States senate, and the Reichstag similar to the house of representatives. The latter is made up of about 400 members, elected by popular vote, for five years. Any citizen 25 years old can vote or be a candidate. Members receive no pay, but their transportation is paid. The federal council is made up of ambassadors from the individual states, selected by their individual rulers, with the aid of the local legislatures. Each state casts its votes according to the number of its representatives, through one spokesman for each state.

This body is perpetual, and must be convoked by the Emperor, at the request of one-third of its members. The Imperial Chancellor is president of this council, and his vote decides in case of a tie. The concurrence of the Bundesrath in the legislation of the Reichstag is necessary to make such legislation valid, and the former ratifies or rejects treaties and executes laws, when no other provision has been made. Thus the council seems to have the actual sovereignty of the Empire. Bills to be introduced in the Reichstag must have the support of 15 members. The Reichstag must be consulted on war, and neither house can adjourn, save from day to day, unless the Emperor names a day of adjournment. The Emperor can also dissolve the lower house and order a new election within 60 days. When a bill affecting only a certain state is brought up in either house, only the representatives of the state affected by the bill vote upon it.

The German Emperor.

The constitution makes the imperial crown hereditary with the oldest male member of the royal Prussian house. Thus a man is always on the throne, and Prussia has the greatest influence. This custom allows the Emperor to arrogate to himself much power and many privileges. The German people, moreover, are much impressed with the grandeur of the imperial throne, and the Emperor is absolute lord of 5,000,000 soldiers, and represents the Empire in all foreign affairs. He controls 17 delegates in the council as king of Prussia, and only 14 more votes are necessary for legislation. Prussia also has an absolute veto power on questions relating to the army, navy, and imperial taxes.

Experts prepare most bills for passage, and if they pass the council they are sent to the other house. Amendments to the constitution, instead of being referred to the people, are put through the council. Fourteen votes against an amendment will check it. Thus Prussia may stop legislation harmful to her power, yet the smaller states can readily prevent encroachment.

The Imperial Chancellor generally controls politics, and is the Emperor's principal adviser, being appointed and removed by him at will. He is the head of the Prussian delegation in the council, as well as president of that body. All acts, to become laws, must be signed by him. Bismarck, the prime mover in the establishment of the Empire, was the greatest of Chancellors.

The Empire's laws take precedence over those of the component states, and are executed upon an unruly state by force of arms. Contributions, pro rata, from all the kingdoms may be called for in emergencies, but the ordinary taxing powers of the Empire are limited to customs, and to revenues on beer, tobacco, salt, sugar, and a few other commodities. Coinage is controlled by the Empire, as are the railroads and telegraphs, although a few railways are owned by the kingdoms, which are also allowed to operate mints.

The judiciary of the Empire includes an imperial supreme court made up of 18 judges appointed for life by the Emperor. An appeal to this tribunal from the superior courts of the kingdoms may be had. A code of criminal laws, another for commercial affairs, and a third, civil code, that governs the judiciary of all the kingdoms, have been established by the Empire. There is no bill of rights in the constitution, to guarantee to the individual certain privileges and immunitiess common in many countries.

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© 1998, 2002 by Lynn Waterman