What were the strengths and weaknesses of the Weimar Constitution?

Elections to Constituent Assembly

• political + social tensions/disturbances; elections for National Constituent Assembly held on 19 Jan 1919.

• Most parties renamed, but had little change in party system

• Women allowed to vote for first time

• SPD = largest share of vote + no. of seats in Assembly, didn’t have overall majority + had to compromise with other parties to est. new constitution + govern country

• Assembly met in Weimar, not Berlin, b/c political situation in capital = still unstable after Jan Revolution → new political order called ‘The Weimar Republic’

• Ebert elected by Assembly as first President of Republic + new govt., led by Philipp Scheidemann, formed by SPD in coalition with Centre + German Democratic parties.

• Philipp Scheidemann: popular, long-standing SPD member, joined in 1883 & became Reichstag deputy in 1903. Supported German entry into war but favoured negotiated peace. 9 Nov. 1918, announced birth of new Republic before official abdication of Kaiser. Chancellor of first coalition govt. in Weimar Republic (Feb-June 1919) but resigned in protest against terms of Versailles Treaty.

• Workers’ + soldiers’ councils handed over powers to Constituent Assembly, which concentrated on drawing up new constitution.

• Representatives didn’t agree on all issues concerning new constitution; general agreement on clear break with autocratic constitution drawn up by Otto von Bismarck for German Empire in 1871

• Otto Von Bismarck: Minister-President of Prussia 1862-71, led state through three wars against Denmark, Austria + France which resulted in unification of Germany under Prussian domination; served as Chancellor in new German Empire 1871-1890.

• New constitution began with clear declaration that ‘Political authority derives from the people’ + constitution designed to enshrine + guaranteed rights + powers of people.

Political Parties in new Republic:

• Centre Party: Led by Matthias Erzberger and Heinrich Bruning; Formed 1870 to protect Catholic interests in mainly Protestant German Reich; Continued to be major political voice of Catholicism and enjoyed broad range of supporters from aristocratic landowners to Catholic trade unionists; strong support in main Catholic areas of Bavaria + Rhineland; mostly committed to republic and supported democratic constitution but from late 1920s became more sympathetic to right-wing

• German Democratic Party (DDP): Led by Walther Rathenau and Hugo Preuss; left-leaning liberal party, based on old Progressive Party; most support from intellectuals + middle class; supported democratic constitution and committed to constitutional reform

• German National People’s Party (DNVP):Led by Karl Helfferich and Alfred Hugenberg; nationalist party, based on old Conservative Party and some racist, anti-Semitc groups e.g. Pan-German League; monarchist and anti-republican; most support from landowners + some small business owners/farmers and heavy industry; rejected democratic constitution

• German People’s Party (DVP): Led by Gustav Stresemann, right-leaning liberal party, based on old National Liberal Party; most support from upper-middle class + business interests and Protestants; at first opposed to new republic and voted against constitution but from 1921 under Stresemann’s influence became supporter of parliamentary democracy.

• Bavarian People’s Party (BVP): Led by Heinrich Held, regional party formed from elements of Centre Party in 1919 to uphold Bavaria’s local interests; conservative but generally supported republic.

• German Communist Party (KPD): Led by Ernst Thalmann; formed in Jan 1919 by extreme left wing (Spartacists); anti-republican in that it opposed Weimar-style democracy and supported revolution. Most supporters from working class and strengthened by defection of many USPD members in 1920

• National Socialist German Workers’ Party (Nazi Party, NSDAP): Led by Adolf Hitler; extreme right-wing party formed in 1919. Anti-republican, anti-Semitic and strongly nationalist. Until 1930 remained fringe party with support from lower middle classes.

• German Social Democratic Party (SPD): Led by Friedrich Ebert and Phillipp Scheidemann; moderate wing of socialist movement; party of working class and trade unions; strongly supported parliamentary democracy and opposed to revolutionary demands of more left-wing socialists

• Independent German Social Democratic Party (USPD): Led by Karl Kautsky and Hugo Haase; broke away from SPD in April 1917; included many of more radical elements of German socialism and sought political and social change. Half its members joined KPD during 1919-20 but by 1922 most others had returned to SPD

Election Results January 1919

• SPD: 163 Seats

• USPD: 22 seats

• Centre: 91 seats

• DDP: 75 seats

• DNVP: 44 seats

• DVP: 19 seats

1. Led to creation of National Assembly on 6 Feb 1919

2. Election results represented major success for forces of democracy  turnout = 83% and 76% of electorate voted for democratic parties

3. Solid vote for 3 main democratic parties: SPD, DDP and ZP, made it straightforward to form coalition govt. = ‘Weimar Coalition’

   BUT although DNVP gained only 10% it had backing from important conservative supporters

   AND the DVP, and its leader, Gustav Stresemann, didn’t support W.R. at first b/c they wanted Germany to have constitutional monarchy

The Weimar Constitution

• In Nov. 1918, Ebert invited liberal lawyer Hugo Preuss to draw up new constitution for Germany and draft outlined by establishment of National Assembly in Feb. 1919

• Preuss worked closely on draft with constitutional committee of 28 members over following 6 months, although discussions deeply overshadowed by dispute about Treaty of Versailles

• Proposals for new constitution influenced by long-established democratic ideas of Britain and USA

• But Germany’s particular circumstances and traditions not ignored e.g. introduction of proportional representation + creation of federal structure

• Eventually, on 31 July 1919, Reichstag voted strongly in favour of constitution (262 for and 75 against) and on 11 August President Ebert ratified it

• Germany declared a ‘democratic state’ although it retained title of ‘Reich’, it was a republic and it had a federal structure with seventeen Lander (regional states)

What was the constitution of the German Republic?

President (Head of State):

i) Elected every seven years by men and women over 20

ii) Appointed and dismissed ministers, + could dissolve Reichstag and call new elections

iii) Supreme commander of armed forces

iv) Had reserve powers (Article 48) to rule by decree in emergency without Reichstag’s consent

v) He appoints the Chancellor. Although the President was not obliged, he tended to choose as chancellor the leader of largest party in Reichstag. In order to form workable coalition govt. necessary for Chancellor to negotiate with leaders of other political parties

Chancellor:

i) Had to have support of at least half Reichstag

ii) Proposed new laws to the Reichstag

iii) Given advice by:

Reichsrat:

i) Second chamber of German parliament (less important than Reichstag), made up of 67 representatives from separate 17 states (Lander)

ii) Lander = 17 local states of Germany. Before unification in 1871, Germany consisted of separate states of varying societies + after unification these were incorporated into German Reich but local traditions + loyalties remained strong. Each state (Land) retained control over some functions of govt; in Weimar Constitution, states retained powers over police, education, religion + social welfare

iii) Each state represented in proportion to population, but no state to have more than 40% od seats to prevent domination by Prussia, largest state

iv) Could provide advice on laws and could initiate or delay proposals but could always be overruled by:

Reichstag:

I) Main representative assembly and law-making body of parliament

II) Deputies Elected every 4 years by all Germans over 20 using proportional representation; distributed on basis of one member for every 60,000 votes in an electoral district

III) Chancellor and ministers responsible to Reichstag

IV) Voted on budget; new laws had to originate in Reichstag and required approval of majority of Reichstag deputies

V) Voted for by:

• Individual voter’s rights:

  I) Vote for local state assembly every 4 years and President every 7 years

  ii) Vote occasionally on important issues

  Had Bill of Rights including:

  iii) ‘All Germans are equal before the law’

  iv) Guaranteed freedoms of speech, conscience + travel

  v) Guaranteed right to belong to trade unions, political parties + other forms of organization

  vi) Guaranteed right to work + employers given equal rights with employers to determine working conditions + wages

  vii) Had responsibility to use intellectual + physical powers in interests of community

  Other Features:

  i) Supreme Court, independent of Reichstag + President

  ii) Republic had federal system whereby there were separate state governments in 17 Lander which kept control over own internal affairs

Strengths of the Weimar Constitution 1919

• Constitution of W. Republic in many ways more democratic than other democratic govts. In other countries + also marked clear break with Germany’s autocratic past

• New German constitution provided wider right to vote than in countries such as Great Britain + France. Women able to vote on same terms as men + allowed to become deputies in Reichstag + state parliaments

• System of proportional representation enabled even smaller parties to win seats in Reichstag and influence govt. decisions. Proportional representation = system of elections in which parties allocated seats in parliament according to proportion of votes received. Country divided into 35 electoral districts, each with about 1 million voters

• Full democracy in local govt. as well as central govt. Unlike in Second Empire, largest state, Prussia, not in position to dominate rest of Germany

• Constitution clearly set out rights of individual. ‘Fundamental Rights and Duties of German citizens’ guaranteed in second part of constitution. Statements included: ‘all Germans are equal before the law’: ‘personal liberty is inviolable’; ‘censorship is forbidden’; ‘the right of property is guaranteed’ and ‘all inhabitants enjoy full religious freedom’. Gave illegitimate children same rights as legitimate ones and promised ‘economic freedom for the individual’

• Referendums could be called for by the President, the Reichsrat, or ‘by people’s request’ if a tenth of the electorate applied for one

Weaknesses of Constitution:

• Since W.R. lasted only 14 crisis-ridden years, its written constitution has been focus of considerable attention

• Some historians have gone so far as to argue that real causes of collapse of republic and success of Nazis can be found in inherent weaknesses: introduction of proportional representation; relationship between President and Reichstag particularly emergency powers available to President under Article 48; continuation of traditional institutions of Imperial Germany

Weaknesses of the Constitution: Proportional Representation

• Focus of criticisms be/c encouraged formation of many new small splinter parties e.g. Nazis

• Proportional representation designed to ensure all shades of political opinion represented in Reichstag, since parties allocated seats in proportion to percentage of votes received in election = very fair system BUT two clear consequences:

  • I) Proliferation of small parties: Smaller parties could gain representation in the Reichstag – does not usually happen in first-past-the-post principle like in Britain. This enabled smaller parties, many of which were anti-republican, to exploit parliamentary system to gain publicity. Proportional representation in itself did not create the fragmented party system due to deep divisions in German society + lack of national consensus

  • ii) Coalition governments: Because of proliferation of small parties, none of the larger parties could gain overall majority in Reichstag. Since govts. Had to command majority support in Reichstag, all govts. In Weimar Republic = coalitions, many of which were very short-lived. Argument that negotiations and compromises involved in forming coalition governments contributed to political instability

• BUT difficult to see how alternative voting system, without P.R., could have made for fairer parliamentary democracy  parties meant to reflect different political, religious and geographical views and on balance existence of so many splinter parties a relatively minor issue

• There is the view that, after economic crisis of 1929-33, P.R. encouraged emergence of political extremism BUT it now seems clear that changes in way people voted and way they changed allegiance from one party to another were just too volatile and maybe ‘first past the post system’ would have actually accelerated rise of Nazism and communism

Weaknesses of the Constitution: Rule by presidential decree (Article 48)

• Relationship created between Reichstag and president meant to be fair system of checks and balances, to lessen fear that an unrestricted parliament could become too powerful  presidency provided leadership ‘above the parties’ and limited powers of Reichstag

• President’s powers seen as amounting to those of a substitute Emperor leading to uncertainty in constitutional matters from start: did the ultimate source of authority rest with representative assembly of people- Reichstag – or popularly elected head of state – President?

• Article 48 of constitution gave President power to rule by decree in exceptional circumstances: could suspend civil rights in emergency and restore law and order by issue of presidential decrees.

• Intention was to create means by which govt. could continue to function in crisis but could in effect override power of Reichstag in what historian Gordon Craig (1978) referred to as ‘constitutional anomaly’.

• Granting of such powers not remarkable in itself = all democratic constitutions allow for executive authority to use exceptional powers in times of national emergency

• BUT not anticipated by those who wrote constitution that these powers might be used on regular basis

• Fears of emergency powers expressed by some deputies in constitutional debate of 1919.

• Ebert, first President, used Article 48 powers on 136 occasions  some could be deemed genuine emergencies but also used power in non-emergency situations when he wanted to override opposition in Reichstag

• No effective safeguards since President could threaten to dissolve Reichstag and call new elections if it refused to agree to presidential decree

• Ironic that Ebert, who had been leading voice for cause of parliamentary democracy in 1918-9 revolutionary upheavals, should, as President, undermine democracy through overuse of Article 48

• Weaknesses of Constitution: Survival of undemocratic institutions

• In Second Empire, army, civil service + judiciary = key pillars of regime. Often recruited from aristocracy, supported autocracy ( power concentrated in hands of one person) and disdained democratic politicians

• They therefore would not fit easily into new democratic republic

• Opportunity existed for architects of new constitution to reform these institutions but b/c they placed need for stability above desire of thoroughly democratic system of govt. they didn’t do so

• In Weimar’s difficult early years effective use was made of established professional skills and educated institutions of state BUT meant powerful conservative forces exerted great influence

• SO while spirit of Weimar constitution was democratic and progressive, many institutions remained dedicated to values of Imperial Germany

i) Army:

• Had been largely free from political control in Second Empire + leaders determined to preserve as much independence as they could in Weimar Republic.

• Officer corps of army in Second Empire allowed to continue intact into new republic with result that army was far from being politically neutral

• Full force of military power used against left-wing revolts whilst conspirators from Right often supported by elements within army.

• General Hans von Seeckt, appointed Commander-in-Chief of army in 1920, believed army did not owe loyalty to Republic, which he regarded as merely temporary, but to timeless Reich that was true expression of German nationhood.

• Hans von Seeckt: Career soldier placed in charge of German forces in East Prussia at end of war; member of German delegation to Versailles + appointed head of Truppenamt (‘troop office’) which replaced forbidden army general staff. Became commander of Reichswehr (army) from 1920 and instrumental in disbanding Freikorps units. Under his command from 1920-26 army became privileged elite beyond accountability

• Although von Seeckt would not allow officers to meddle in politics on own initiative, he nevertheless believed army as whole, under his command, could intervene in politics whenever he saw fit.

ii) Civil Service:

• Under Weimar constitution, civil servants given guarantee of ‘well-earned rights’ and of freedom of political opinion + expression as long as this didn’t conflict with duty of loyalty to state

• This meant govt. admin in new republic left in hands of those who were anti-democratic in outlook

• Senior civil servants, esp. in German Foreign Office, still recruited overwhelmingly from aristocracy

• Top civil servants could wield enormous power, esp. when ministers in coalition govts. Frequently changing.

iii) Judiciary:

• Article 54 of constitution guaranteed independence of judges  basic requirement in any democratic constitution BUT in Weimar Germany judges who served Second Empire remained in posts

• These men = staunchly monarchist + anti-democratic + showed their bias in legal judgements

• Penal code of Republic stipulated that anyone attempting to overthrow constitution by force should be sentenced to life imprisonment

• Members of left-wing groups who were brought before the courts were punished with great severity whereas right-wing conspirators treated v. leniently

iv) Universities:

• Very proud of traditional status and generally more sympathetic to old political ideas and rules

Summary: