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119-733: In June, 1848 the Frankfurt National Assembly created the first Navy Department with businessman Arnold Duckwitz as Minister for Navy Affairs (Minister für Marineangelegenheiten). After the closure of the Frankfurt National Assembly in May 1849, Austrian Lieutenant Fieldmarshal August von Jochmus became Navy Minister of the revived German Confederation . With the end of the Provisional Central Power (Provisorische Zentralgewalt) of

238-523: A German Empire based on the principles of parliamentary democracy . This constitution fulfilled the main demands of the liberal and nationalist movements of the Vormärz and provided a foundation of basic rights , both of which stood in opposition to Metternich 's system of Restoration . The parliament also proposed a constitutional monarchy headed by a hereditary emperor ( Kaiser ). The Prussian king Frederick William IV refused to accept

357-649: A constitutional monarchy with a hereditary emperor who appointed ministers responsible to himself. The main legislative body, the Reichstag, had two chambers, the Volkshaus (House of the People), which was to be elected by universal male suffrage, and the Staatenhaus (House of States), half of whose members were to be appointed by the state governments and half by the state parliaments. The fundamental rights of

476-636: A confederation of states that would include Austria . Because of the opposition, elections to the new Reichstag never took place, and the National Assembly was unable to enforce the Constitution. With the failure of the 1848 revolution, the Frankfurt Constitution was not implemented. It was nevertheless Germany's first democratic constitution and the first to encompass the entire nation. In the years and decades that followed,

595-512: A constitution for the whole of Germany. It would then be agreed on by the individual states. The duly elected Frankfurt Parliament convened on 18 May 1848. The parliament formed a 30-member constitutional committee on 24 May to draft a constitution. The committee decided to deal first with the basic rights of the German people. It was later accused of having delayed the adoption of the full constitution by its long discussion of basic rights and that

714-558: A constitutional assembly. After bloody street fights ( Barrikadenaufstand ) in Prussia, a Prussian National Assembly was also convened, with the task of preparing a constitution for that kingdom. The Pre-Parliament ( Vorparlament ) was in session at the St. Paul's Church, Frankfurt am Main ( Paulskirche ) in Frankfurt from 31 March to 3 April, chaired by Carl Joseph Anton Mittermaier . With

833-495: A full century." Anna Caroline Limbach emphasised in particular the great consistency with which liberal goals were enshrined in criminal law. The recognition of inviolable human rights and humanist thinking in the National Assembly was evident in the abolition of the death penalty, which was only realised in the Basic Law a hundred years later. The separation of powers and independence of the administration of justice demonstrated

952-455: A house of the Reichstag and by the government (§ 80 and 99); the government (executive) could exercise a suspensive veto over Reich laws. The head of the Empire had the title emperor ( Kaiser ) (§ 70). Once the imperial title had been transferred to a reigning prince, it was to be hereditary, falling to the first-born son (§ 69). The imperial ministers were appointed by the emperor; an act of

1071-508: A matter for the individual states, but the Empire reserved the right to extend its competences ( competence-competence ). Paragraph 66 states: "Imperial laws take precedence over the laws of the individual states, unless they are expressly attributed only a subsidiary application" and § 194 that "No provision in the constitution or laws of a single state may contradict the Imperial Constitution". Foreign and military power were

1190-479: A more conservative form in cooperation with the "central" states, which excluded Austria, Bavaria, Württemberg, Saxony, Hanover and a few smaller states. Even though the union was ultimately not realised, the draft constitution preserved much of the Frankfurt model and thus helped to moderate the reactionary period that followed the 1848 Revolution. When the North German Constitution of 1867

1309-449: A necessary prerequisite for the development of political majorities. These Fraktionen were perceived as clubs and thus usually named after the location of their meetings; generally, they were quite unstable. According to their stances, especially on the constitution, the powers of parliament, and central government as opposed to individual states, they are broadly divided into three basic camps: The largest groupings in numerical terms were

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1428-459: A popularly elected assembly, only another German prince. As a result, the planned parliamentary elections did not take place, and the National Assembly was unable to enforce the constitution due to the military superiority of the individual states that refused to recognize it. Two months after its enactment, the Frankfurt Constitution served as a model for the draft Erfurt Union Constitution. Prussia wanted to make its own attempt at unification in

1547-496: A resolution of the Volkshaus with a two-thirds majority vote and the approval of the emperor. After eight days, the Volkshaus vote had to be repeated. Imperial interventions and executions were modelled on the corresponding measures of the German Confederation. If there was unrest in a state, it could ask the Empire to intervene. If necessary, the Empire itself could take action. An imperial execution , on

1666-510: A result, perhaps success in the overall assembly. Since the national assembly had not been initiated by the German Confederation, it was lacking not only major constitutional bodies, such as a head of state and a government, but also legal legitimation . A modification of the Bundesakte , the constitution of the German Confederation could have brought about such legitimation, but was practically impossible to achieve, as it would have required

1785-486: A total of 799 deputies, while Thomas Nipperdey reckoned a high figure of 830. In the middle, Wolfram Siemann counted 812 deputies and Christian Jansen 809, which are the most popular figures. The discrepancy may be due to the chaotic conditions of the elections, where disputes over constituencies and the conduct of the elections caused the late sitting of some deputies. Adjustments to the Demarkationslinie in

1904-522: The Staatenhaus were elected for six years, with half of the seats being renewed every three years (§ 92). A member of the Staatenhaus was not allowed to be an imperial minister (§ 123). An imperial court exercised jurisdiction at the federal level and was therefore not a general supreme court above the state courts. It served as the first and only authority for constitutional and political issues. It ruled on disputes between states or states and

2023-434: The Volkshaus , unlike under the constitutions in force from 1867 to 1918. The political development in 1848/49 went in the direction of parliamentarization, since a number of deputies proved to be suitable ministers and state undersecretaries. According to legal historian Ernst Rudolf Huber , there is much to suggest that the government would have been de facto parliamentarized after 1849. The constitutional monarchies of

2142-456: The Elbe , accompanied by only three farmers. Craftsmen like Robert Blum or Wilhelm Wolff were associated almost exclusively with the radical democratic Left, as they knew the social problems of the underprivileged classes from personal observations. A few of them, e.g. Wolff already saw themselves as explicit socialists . A further striking aspect is the large number of well-known writers among

2261-885: The Emperor Francis II had relinquished the crown of the Holy Roman Empire and dissolved the Empire. This was the result of the Napoleonic Wars and of direct military pressure from Napoléon Bonaparte . After the victory of Prussia , the United Kingdom , Imperial Russia , and other states over Napoléon in 1815, the Congress of Vienna created the German Confederation ( Deutscher Bund ). The Austrian Empire dominated this system of loosely connected, independent states, but

2380-662: The Fortresses of the German Confederation ( Bundesfestungen ) at Mainz , Ulm , and Rastatt , while the Kingdom of Bavaria developed the fortress at Germersheim . Patriotic feelings of the public were effectively captured in the poem Die Wacht am Rhein ( Watch on the Rhine ) by Max Schneckenburger , and in songs such as "Der Deutsche Rhein" and the " Lied der Deutschen ", the national anthem of Germany since 1922. The mid-1840s saw an increased frequency of internal crises. This

2499-606: The Grand Duchy of Posen created new constituencies and new deputies as late as February 1849 (see below). Finally, the passage of the Austrian Constitution in March 1849 convinced a few Czech deputies who had boycotted the National Assembly to appear, if only in moral opposition. For these reasons, the total number of deputies may never be settled. The social makeup of the deputies was very homogeneous throughout

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2618-683: The Göttingen Seven ), and politicians such as Welcker and Itzstein who had been champions of constitutional rights for two decades. Among the professors, besides lawyers, experts in German Studies and historians were especially common, because under the sway of restoration politics, academic meetings in such disciplines, e.g. the Germanisten-Tage of 1846 and 1847, were often the only occasions where national themes could be discussed freely. Apart from those mentioned above,

2737-674: The Prussian Navy under the Naval High Command ( Oberkommando der Marine ). Then, on 14 November 1853 by a Prussian royal cabinet order (König Kabinettsordre) the Naval Division was combined into an Admiralty Council (Admiralität), which would provide united command and administrative authority. From 1859 to 1860 Admiral Jan Schröder was chief of the Prussian Navy administration (Marineverwaltung). In 1861

2856-507: The status quo . At the same time, the bourgeois opposition had increased its networking activities and began coordinating its activities in the individual chamber parliaments more and more confidently. Thus, at the Heppenheim Conference on 10 October 1847, eighteen liberal members from a variety of German states met to discuss common motions for a German nation-state. In Prussia, King Frederick William IV finally approved

2975-431: The "people's representatives have a decisive vote" on taxation and the state budget. The Frankfurt Constitution had a comprehensive catalogue of fundamental rights which extended for sixty paragraphs (§ 130 – § 189). Freedom of the press, the abolition of censorship, freedom of movement, freedom of association and assembly, freedom of religion and equal rights for all denominations were classic civil liberties. A citizen of

3094-573: The 19th century were characterised by a bicameral parliament. Only the Left Party had called for a unicameral parliament in the National Assembly. The Frankfurt Constitution stated (§ 96) that all members of the Reichstag should have a free mandate – that is, not be bound by orders or instructions from their constituency – enjoy immunity (§ 117) and receive allowances (§ 95) so that they would not be dependent on their own assets in order to be able to devote time to parliamentary activities. The Reichstag

3213-801: The Austrian Parliament in Vienna. Therefore, Archduke John drove to Frankfurt where he was sworn in as Regent on the morning of 12 July 1848 in the Paulskirche, and then crossed over to the Thurn and Taxis Palace to deliver a speech to the Confederate Diet, which then declared the end of its work and delegated its responsibilities to the Regent. Archduke John returned to Vienna on 17 July to finish his tasks there. The practical tasks of

3332-566: The Bundestag until the elections. The committees and assemblies were private initiatives but were nevertheless of considerable public importance. Between 31 March and 3 April, the pre-parliament met four times in plenary session in Frankfurt's St. Paul's Church . It made sure that the Bundestag incorporated Prussia's eastern provinces (the Province of Prussia and parts of Posen ) into the German Confederation, and its calls for freedom helped

3451-670: The Casino, the Württemberger Hof, and beginning in 1849 the combined left, appearing as the Centralmärzverein ("Central March Club"). In his memoirs, the deputy Robert von Mohl wrote about the formation and functioning of the Clubs: that originally there were four different clubs, based on the basic political orientations [...] Regarding the most important major questions, for example about Austria's participation and

3570-595: The Confederation served primarily to suppress national, liberal and democratic endeavours. The anti-democratic political status quo, combined with a sharp economic downturn in the mid-1840s, a series of failed harvests and the overthrow of King Louis-Philippe of France in February 1848, sparked the German revolutions of 1848–1849 , out of which came the Frankfurt Constitution. At the end of 1847, opponents of

3689-611: The Empire as a "federal state" ( Bundesstaat ), as the Central Power Act had already done in § 2a. The door is left open for the German-Austrian states to join the Empire in § 87 of the constitution ("As long as the German-Austrian lands do not participate in the federal state.."). Section II, "The Imperial Authority", defines the basic competences of the Reich. As a rule, administration and justice were to remain

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3808-467: The Empire was allowed to emigrate and enjoyed the consular protection of the German state abroad. In addition, the constitution intended to abolish the prerogatives of the nobility (§ 137), which would have had a significant impact on the social structure of Germany. The Frankfurt Constitution was proclaimed on 28 March 1849. There was broad popular support and many calls in favour of recognising it. Twenty-eight mostly smaller states collectively recognized

3927-514: The Empire, between the imperial government, the Staatenhaus and the Volkshaus as well as between state bodies. The court was also open to constitutional complaints; a German could sue for his fundamental rights and other rights before the court on the basis of the constitution. Paragraphs 178 and 179 called for public trials, oral criminal proceedings and jury trials for the "more serious crimes and all political offenses". The introduction of

4046-612: The Federal Act. Together they formed the federal constitution. The most important federal body, the Federal Convention , was a congress of delegates from the individual states under Austrian leadership. There were no courts, no executive government, no parliament and therefore no separation of powers. The Confederation did not over time develop such functions since the largest members (above all Austria, Prussia and Bavaria ) had no interest in federal reform. For them

4165-647: The Frankfurt Constitution inspired politicians and had an influence on both state and later national constitutions such as the Constitution of the German Empire . The constitution's extensive catalogue of fundamental rights was especially important. After Napoleon 's defeat by the Sixth Coalition in May 1814, the Congress of Vienna reorganized Germany as the German Confederation in June 1815. It

4284-603: The Frankfurt National Assembly in December 1849, the first Naval Department dissolved and authority in naval matters again came under the sovereignty of individual members of the German Confederation. A Royal Naval Division (Königliche Marine-Abteilung ) was established in Berlin, as a department of the Prussian Minister of War , with Lieutenant Colonel von Wangenheim Bogun as head in the years 1848-1853. He administered

4403-617: The German Confederation held a meeting in Offenburg on 12 September and a conference at Heppenheim on 10 October. Their core demands were presented in a motion by Friedrich Daniel Bassermann in the second chamber of the Baden Parliament on 12 February 1848. His call for a national representation of the German estates , which would sit as a second chamber alongside the Federal Convention (Bundestag), helped trigger

4522-424: The German Confederation. Though the pre-parliament had decided on 13 May 1848 for the opening of the National Assembly, the date was pushed to 18 May so that deputies from Prussia's outer provinces, which had only recently joined the Confederation, could arrive in time. By this calculation, the number of Prussian deputies to parliament was increased. According to the pre-parliament's rules for elections, one deputy

4641-405: The German people were enforceable before an imperial court. The largest German states, notably Prussia , actively opposed both the constitution and the National Assembly, and many conservative governments found the Frankfurt Constitution too liberal. The power struggle between Prussia and Austria also played a role. The southern German kingdoms, in particular Bavaria and Württemberg , favoured

4760-531: The National Assembly began discussions on the draft constitution. The question of whether a united Germany was to include any part of Austria, notably its German-speaking regions, proved to be a considerable obstacle. It was not until March 1849, after Austria had reaffirmed its independence and unity in its new March Constitution (1. § 2), that the Frankfurt Parliament agreed on the lesser German solution and excluded Austria. The Volkshaus of

4879-465: The National Assembly but rejected doing so on 29 April 1848. Therefore, Robert Mohl worked out his draft with two other deputies. The draft was completed on 10 May and adopted as regulation at the first sitting of the Parliament on 18 May. A commission was set up to draft the definitive rules of procedure on 29 May, which was adopted following a short debate. Six sections with 49 paragraphs regulated

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4998-795: The Navy Department from the War Ministry to a newly created admiralty, which in a few months would become the German Imperial Admiralty . Frankfurt Parliament The Frankfurt National Assembly (German: Frankfurter Nationalversammlung ) was the first freely elected parliament for all German states , including the German-populated areas of the Austrian Empire , elected on 1 May 1848 (see German federal election, 1848 ). The session

5117-567: The Paulskirche parliament voted, with 450 votes against 100, for the so-called Provisional Central Power ( Provisorische Zentralgewalt ). The next day, 29 June, the Parliament cast votes for candidates to be the Reichsverweser or Regent of the Empire, a temporary head of state . In the final tally, Archduke John of Austria gained 436 votes, Heinrich von Gagern received 52 votes, John Adam von Itzstein got 32 votes, and Archduke Stephen, Palatine of Hungary only 1 vote. The office of Regent

5236-403: The Paulskirche to hold the first session of the German national assembly, under its chairman (by seniority) Friedrich Lang . Heinrich von Gagern , one of the best-known liberals throughout Germany, was elected president of the parliament. (See this List of deputies that attended the opening of the parliament.) The evangelical community of Frankfurt provided St. Paul's Church ( Paulskirche ) to

5355-539: The Pre-Parliament, which in turn became the home of the National Assembly. The altar was removed and a lectern was put in place for the presidium and the speaker, while the church organ was hidden by the large painting Germania . On either side of the gallery was the library. Despite its large capacity, which allowed the sitting of 600 deputies and a gallery for 2,000 spectators, there were some disadvantages. St. Paul's Church had extremely narrow corridors between

5474-806: The Protestant cantons. Austrian Chancellor Klemens von Metternich had pondered military intervention and later regretted not doing so, blaming the resulting waves of revolution on the Swiss. Three months later, revolutionary workers and students in France deposed the Citizen King Louis-Philippe I in the February Revolution ; their action resulted in the declaration of the Second Republic . In many European states,

5593-512: The Provisional Central Power were performed by a cabinet, consisting of a college of ministers under the leadership of a prime minister ( Ministerpräsident ). At the same time, the Provisional Central Power undertook to create a government apparatus, made up of specialized ministries and special envoys, employing, for financial reasons, mainly deputies of the assembly. The goal was to have a functional administration in place at

5712-432: The Provisional Central Power, the Regent, and his government were expected to be subservient to their whims. Theoretically, the transfer of the Confederate Diet's authority to the Regent on 12 July gave him legitimate, binding power independent of the National Assembly. The Diet's rules regarding unanimous decision-making and a liberum veto had been a source of weakness when divided among 39 members. But, when concentrated in

5831-516: The Prussian government created a new Navy Department (Marineministerium). After Wilhelm I became King of Prussia the Admiralty of the Prussian Navy was on 16 April 1861 dissolved by cabinet order. The Naval High Command under Prince Adalbert of Prussia became independently and directly subordinate to the king. After the retirement of Admiral Jan Schröder the administration of the navy was under

5950-402: The Reichstag was to be elected by equal manhood suffrage of "any person who is entitled to vote in the municipal elections of his place of residence and who pays any direct state tax". Germany was to have a hereditary emperor who could only postpone laws passed by the Reichstag (suspensive veto), not completely prevent them (absolute veto). In the opinion of the National Assembly, it alone had

6069-538: The War Department and had been employed by the Confederate Diet in the same capacity. The Ministry of Commerce employed 25 staff, including the section in charge of the German Fleet, which was only separated as an independent Naval ministry in May 1849. The diplomatic section employed mostly freelance personnel who held portfolios for state governments. As the National Assembly had initiated the creation of

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6188-969: The academic Ernst Moritz Arndt , Johann Gustav Droysen , Carl Jaup , Friedrich Theodor Vischer , Bruno Hildebrand and Georg Waitz are especially notable. Because of this composition, the National Assembly was later often dismissively dubbed the Professorenparlament ("Professors' parliament") and ridiculed with verses such as "Dreimal 100 Advokaten – Vaterland, du bist verraten; dreimal 100 Professoren – Vaterland, du bist verloren!" "Three times 100 lawyers – Fatherland, you are betrayed; three times 100 professors – Fatherland, you are doomed". 149 deputies were self-employed bourgeois professionals, such as lawyers, doctors, journalists or clergymen, including well-known politicians such as Alexander von Soiron , Johann Jacoby , Karl Mathy , Johann Gustav Heckscher , Wilhelm Emmanuel von Ketteler and Wilhelm Murschel . The economically active middle class

6307-580: The admiralty commissary (Admiralitätskommissariat) in Oldenburg and the base at Jade Bight (today Wilhelmshaven ). The Naval High Command was responsible for the fleet. This dual organization did not work well. There was much unfruitful work and friction between the two organizations. A possibility for change arose with the outbreak the Franco-Prussian War in 1870 when Prince Adalbert was transferred to army field command. By cabinet order

6426-404: The assembly of a United Diet promised by his father in the decree of 22 May 1815. This body was commanded to debate and vote only on taxes and loans. However, as soon as it opened in April 1847, its members began discussions of press freedoms, voting, and human rights, the power to introduce legislation and foreign policy. After eleven weeks, the United Diet rejected a loan request. The King closed

6545-454: The average daily attendance to between 400 and 450 members. For important ballots, up to 540 deputies might attend to cast their vote. In April 1849, there were on average 436 deputies each sitting before the Austrian deputies were recalled (see below). Because of resignations and replacements, the total number of deputies who served between 18 May 1848 and 17 June 1849 has never been determined satisfactorily. Historian Jörg-Detlef Kühne counted

6664-415: The banner of social revolution", and seen as a precursor to the coming Spring of Nations . At the same time, the suppression of the Free City of Cracow in the midst of the uprising aroused the emotions of nationalists in Germany as much as in Poland . In Switzerland , the Sonderbund War of November 1847 saw the swift defeat of the conservative Catholic cantons and victory for the radical left-wing in

6783-415: The constitution on 14 April and accepted the choice of the Prussian king, Frederick William IV , as emperor, but the larger states in particular refused to accept it. Frederick William also rejected it, although his cabinet (conditionally) and the Prussian National Assembly spoke out in favour of its adoption. Frederick William also refused the offer of the imperial crown because he would not accept it from

6902-438: The definition used would have pushed this up to 90%, whereas the laws were much more restrictive in Saxony, Baden, and Hanover . The boycott in Austria's Czech majority areas and complications in Tiengen (Baden), (where the leader of the Heckerzug rebellion, Freidrich Hecker, in exile in Switzerland, was elected in two rounds) caused disruptions. On 18 May 1848, 379 deputies assembled in the Kaisersaal and walked solemnly to

7021-415: The delay was one of the main reasons for the failure of the 1848 revolution. The representatives, however, considered fundamental rights to be crucially important in order to give Germany a standardised legal basis and to bind the individual states to it. The forward-looking catalogue of fundamental rights was passed as a federal law on 27 December 1848 and then incorporated into the constitution. In October

7140-402: The demonstration for civic rights and national unity at the 1832 Hambach Festival , and the abortive attempt at an armed rising in the 1833 Frankfurter Wachensturm , the pressure on representatives of constitutional or democratic ideas was raised through measures such as censorship and bans on public assemblies. The 1840s began with the Rhine Crisis , a primarily diplomatic scandal caused by

7259-436: The deputies developed the Frankfurt Constitution. While the opening session had generally been quite chaotic, with the deputies seated haphazardly, independent of their political affiliations, ordered parliamentary procedures developed quickly. Soon, deputies started assembling in Klubs (clubs), which served as discussion groups for kindred spirits and led to the development of Fraktionen ( Parliamentary groups or factions),

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7378-411: The deputies soon arranged themselves according to their political affiliations, from left and right. By formal change or simple use, the Rules of Procedure could be modified. Political factions largely determined the speakers in a debate. A name roll call had to take place if at least fifty deputies demanded it; Speaker Friedrich Bassermann wanted to allow this only when needed because of uncertainty over

7497-412: The deputies, including Anastasius Grün , Johann Ludwig Uhland , Heinrich Laube and Victor Scheffel . In his opening speech on 19 May 1848, Gagern defined the main tasks of the national assembly as the creation of a "constitution for Germany" and the achievement of German unification. This was followed by a total of 230 sessions, supported by 26 committees and five commissions, in the course of which

7616-449: The diet in disgust and refused to say when it would be reopened. However, the people's enthusiasm for the United Diet was undeniable, and it was clear that a new political age was dawning. Many of the most eloquent members of the United Diet would play important roles in the future Frankfurt Parliament. Between 1846 and 1848, broader European developments aggravated this tension. The Peasant Uprising in Galicia in February and March 1846

7735-422: The election of a pan-German parliament that would address political reform. On 5 March, liberals and democrats met as the Heidelberg Assembly of 51 and elected a Committee of Seven who were to prepare for a preliminary parliament to meet in Frankfurt . They selected 573 men (the pre-parliament) to prepare for elections to a national assembly. It in turn set up a Committee of Fifty, which was to critically monitor

7854-495: The election of emperors, the usual club-based divisions could be abandoned temporarily to create larger overall groups, such as the United Left, the Greater Germans in Hotel Schröder, the Imperials in Hotel Weidenbusch. These party meetings were indeed an important part of political life in Frankfurt, significant for positive, but also for negative, results. A club offered a get-together with politically kindred spirits, some of whom became true friends, comparably rapid decisions, and, as

7973-451: The electoral test, the board and staff of the assembly, quorum (set at 200 deputies), the formation of committees, order of debate, and inputs and petitions. Among other things, the rules of procedure provided that the meetings were public but could be confidential under certain conditions. In the 15 committees, the subjects of negotiation were pre-deliberated. It was settled on how applications were to be handled (twenty votes were needed for

8092-426: The emperor became valid only when a minister of the Empire countersigned and thus assumed responsibility (§ 73, § 74). The constitution says little more about the composition of the government or its exact responsibilities; in any case, a parliamentary form of government is not explicitly stipulated. The executive government did open up the possibility for it, however, for example by allowing ministers to be members of

8211-517: The exclusive competence of the Empire (§ 11–19). An individual state was therefore no longer allowed to have its own ambassadors abroad and had to accept guidelines for its military, although the individual states were still responsible for the deployment, training and provisioning of troops. Only the Empire had the right to wage war. The imperial constitution provided for a large number of fields of activity for its legislation (§ 20–67). They can be summarised as legal, social, and economic infrastructure:

8330-435: The first Reichstag election and three years thereafter (§ 94). The Staatenhaus (House of States) represented the individual states. The constitution allocated to each individual state a certain number of members according to a list (§ 87) which was based primarily on the number of inhabitants. Half of the members were appointed by the state government (executive) and the other half by the state parliament (§ 88). Members of

8449-427: The flames of the revolutionary mood. The revolution on German soil began in Baden, with the occupation of the Ständehaus at Karlsruhe . This was followed in April by the Heckerzug (named after its leader, Friedrich Hecker ), the first of three revolutionary risings in the Grand Duchy. Within a few days and weeks, the revolts spread to the other German states . The central demands of the German opposition(s) were

8568-419: The former President of the National Assembly were poor. Frankfurt Constitution The Frankfurt Constitution ( German : Frankfurter Reichsverfassung ) or Constitution of St. Paul's Church ( Paulskirchenverfassung ), officially named the Constitution of the German Empire ( Verfassung des Deutschen Reiches ) of 28 March 1849, was an unsuccessful attempt to create a unified German nation from

8687-479: The four remaining free cities ( Hamburg , Lübeck , Bremen and Frankfurt ) held direct elections. Most states chose an indirect procedure, usually involving a first round, voting to constitute an Electoral college which chose the actual deputies in a second round. There also were different arrangements regarding the right to vote, as the Frankfurt guidelines only stipulated that voters should be independent ( selbständig ) adult males. The definition of independence

8806-509: The framers of the Basic Law for West Germany and today's Federal Republic of Germany quoted from the Frankfurt Constitution. Historians and scholars of constitutional law largely agree that the Frankfurt Constitution was a great achievement and would have made Germany one of the most progressive constitutional states of its time. According to Jörg-Detlef Kühne, it was the only German constitution "for whose implementation broad sections of

8925-402: The future of Germany. Yet, as the National Assembly dragged out its work on the Constitution, the role of the Provisional Central Power changed. Soon, its purpose was to shore up the diminishing legitimacy of the whole project in the eyes of the people and the princes. Heinrich Gagern's appointment as Prime Minister in December was to serve that purpose, even though relations between the Regent and

9044-504: The granting of basic and civic rights regardless of property requirements, the appointment of liberal governments in the individual states and most importantly the creation of a German nation-state, with a pan-German constitution and a popular assembly. On 5 March 1848, opposition politicians and state deputies met at the Heidelberg Assembly to discuss these issues. They resolved to form a pre-parliament ( Vorparlament ), which

9163-492: The hands of one man, it could make him supreme if he chose to be so. However, the Regent was a man of advanced age who was convinced, like most of his contemporaries, that his office would be of short duration and his role should be strictly an honor. Therefore, the personalities of the Prime Ministers during the life of the Provisional Central Power clearly defined the government during their tenures. Carl zu Leiningen

9282-413: The individual princes recalled the existing conservative governments and replaced them with more liberal committees, the so-called "March Governments" ( Märzregierungen ). On 10 March 1848, the Bundestag of the German Confederation appointed a "Committee of Seventeen" ( Siebzehnerausschuss ) to prepare a draft constitution; on 20 March, the Bundestag urged the states of the confederation to call elections for

9401-558: The introduction of civic rights in some German states in the early 19th century. Furthermore, some German states had adopted constitutions after the foundation of the German Confederacy. Between 1819 and 1830, the Carlsbad Decrees and other instances of Restoration politics limited such developments. The unrest that resulted from the 1830 French July Revolution led to a temporary reversal of that trend, but after

9520-617: The jury trial was followed by its adoption by the overwhelming majority of German states, continued in the German Empire and lasted until the Emminger Reform of 4 January 1924 during the Weimar Republic . The Empire was responsible for internal security if a state was unable or unwilling to provide it within its own territory. The aim was to prevent the constitution from being broken or circumvented by subversion from above or below. The constitution could be amended only by

9639-604: The legal status of waterways and railways, customs, common taxes on production and consumption, trade, post and telegraphy, coinage, weights and measures, imperial and state citizenship laws and general measures for health care. The Empire was authorised to introduce imperial taxes "in extraordinary cases" (§ 51). The constitution provided for a head of the Empire with an executive branch, a Reichstag (legislature) and an imperial court (judiciary). The powers were not simply to be separated from each other but were also to be able to control each other. Imperial laws could be proposed both by

9758-482: The maternal half-brother of Queen Victoria of Great Britain. Ministers of the Interior, Justice, War, and Foreign Affairs were appointed on the same day, while Ministers for Finance and Trade were appointed on 5 August. At the end of August 1848, there were a total of 26 persons employed in the administration of the provisional government. By 15 February 1849, the number had increased to 105. Some 35 of them worked in

9877-535: The new Navy Department (Marineministerium), which was under Prussian War Minister Albrecht von Roon until 1873. The Admiralty Council (Admiralitätsrat) was to co-ordinate naval affairs of the Navy Department and the Naval High Command, but could only make proposals. The Navy Department was responsible for the Danzig (today Gdansk) shipyard, the depots in Geestemünde (today Bremerhaven ), Kiel and Stralsund ,

9996-601: The office of " Emperor of the Germans " when it was offered to him on the grounds that such a constitution and such an offer were an abridgment of the rights of the princes of the individual German states. In the 20th century, however, major elements of the Frankfurt constitution became models for the Weimar Constitution of 1919 and the Basic Law for the Federal Republic of Germany of 1949. In 1806,

10115-406: The other hand, was directed against a state government which violated the constitution or breached the peace of the Empire (§ 54 and § 55). The German Empire of 1871 to 1918 drew its revenue almost exclusively from state payments to it. The Frankfurt Constitution envisioned a more mixed system. The federal government was allowed various sources of income in addition to financial contributions from

10234-456: The plenary presentation) and that the agenda was fixed by the President at the end of the previous session. Deputies spoke in the order in which they answered but with a change from opponents and supporters of the bill. Speaking time was unlimited. Twenty deputies together could request the conclusion of a debate, at which the decision was then in plenary. There were no seating arrangements, but

10353-511: The population actively fought." According to Günter Wollstein, the theoretical structure of the Frankfurt Constitution was a coherent and practicable draft, as well as being balanced and progressive. It retained its appeal even during the modernisation efforts of Imperial Germany. Ernst Rudolf Huber wrote: "The Frankfurt attempt to combine the great principles of freedom, equality, unity and central leadership in constitutional law retained its defining power in German political thought and action for

10472-473: The princes of the Confederation had nominated him Regent before the Parliament had done so. The implication was that the Regent should receive his power from the princes rather than the revolutionaries, but the practical effect of this power was yet to be seen. The Archduke received the delegation on 5 July 1848 and accepted the position, stating, however, that he could not undertake full responsibility in Frankfurt until he had finished his current work of opening

10591-552: The reform-oriented states, such as Baden , the development of a lively scene of Vereine ( clubs or voluntary associations ) provided an organizational framework for democratic, or popular, opposition. Especially in Southwest Germany, censorship could not effectively suppress the press. At such rallies as the Offenburg Popular Assembly of September 1847, radical democrat was called to overthrow

10710-523: The resistance against Restoration policies increased and led to revolutionary unrest. In several parts of the Austrian Empire , namely in Hungary , Bohemia , Romania , and throughout Italy, in particular in Sicily , Rome , and Northern Italy , there were bloody revolts, replete with calls for local or regional autonomy and even for national independence. Friedrich Daniel Bassermann , a liberal deputy in

10829-476: The right to bring the constitution into force. The governments of the individual states were asked for their opinions in the final phase but not for a formal constitutional agreement. According to the Central Power Act, the Central Power was not to be involved either (§ 3). In a close vote (267 to 263), the National Assembly on 27 March 1849 approved the constitution. It was not Archduke John of Austria ,

10948-465: The rows of seats in the central hall, and there were no rooms for consultation by the committees. The gallery attendees quickly became famous for their noise during the debates, which the more eloquent deputies learned to abuse to gain applause for themselves or raucous blame upon their enemies. The Committee of Fifty that emerged from the Pre-parliament could have drafted Rules of Procedure for

11067-424: The second chamber of the parliament of Baden, helped to trigger the final impulse for the election of a pan-German assembly (or parliament). On 12 February 1848, referring to his own motion ( Motion Bassermann ) in 1844 and a comparable one by Carl Theodor Welcker in 1831, he called for a representation, elected by the people, in the Confederate Diet. Two weeks later, news of the successful revolution in France fanned

11186-422: The session, set the agenda, and led the meeting. The overall board also included eight secretaries, who were jointly elected by a relative majority for the entire term. A panel of twelve stenographers wrote down all discussions in every session and withdrew in the evening to compare notes. They were assisted by 13 clerks. Final copies of the daily sessions were printed for the public two or three days later, though by

11305-818: The session. The parliament mostly represented the educated bourgeoisie. 95% of deputies had the abitur , more than three-quarters had been to university, half of which had studied jurisprudence . A considerable number of deputies were members of a Corps or a Burschenschaft . In terms of profession, upper-level civil servants formed the majority: this group included a total of 436 deputies, including 49 university lecturers or professors, 110 judges or prosecutors, and 115 high administrative clerks and district administrators ( Landräte ). Due to their oppositional views, many of them had already conflicted with their princes for several years, including professors such as Jacob Grimm , Friedrich Christoph Dahlmann , Georg Gottfried Gervinus and Wilhelm Eduard Albrecht (all counted among

11424-503: The states of the German Confederation . The Frankfurt National Assembly drew up the constitution during the German revolutions of 1848–1849 for the emerging German Empire of 1848–1849 , which was committed to popular sovereignty and had already created a Provisional Central Power ( Provisorische Zentralgewalt ) for Germany. The National Assembly adopted the constitution on 28 March 1849, and twenty-eight German states collectively recognized it on 14 April. The constitution created

11543-418: The states: customs and shipping duties, production and consumption taxes and numerous other sources (§ 34 to § 36). The federal government was allowed to distribute the revenue from customs duties, common indirect taxes and financial monopolies to the individual states at its own discretion; there was no provision for the other levies. Per paragraph 187, part of the constitution's section on fundamental rights,

11662-611: The support of the moderate liberals, and against the opposition of the radical democrats, it decided to cooperate with the German Confederate Diet ( Bundestag ), to form a national constitutional assembly which would write a new constitution. For the transitional period until the actual formation of that assembly, the Vorparlament formed the Committee of Fifty ( Fünfzigerausschuss ), as a representation to face

11781-577: The system failed to account for the rising influence of Prussia. After the so-called "Wars of Liberation" ( Befreiungskriege , the German term for the German part of the War of the Sixth Coalition ), many contemporaries had expected a nation-state solution and thus considered the subdivision of Germany as unsatisfactory. Apart from this nationalist component, calls for civic rights influenced political discourse. The Napoleonic Code Civil had led to

11900-490: The tasks of the Naval High Command were on 29 June 1870 transferred to the Navy Department. Next, departments for technical and general administrative affairs was formed. The existing division of powers was abolished and a central authority created. The departmental friction disappeared almost completely. Due to the great increase in the duties of the Prussian War Minister, Wilhelm I on 30 November 1871 moved

12019-525: The temporary head of state ( Reichsverweser ), but the president of the National Assembly and the deputies who signed the constitution. The existing German Confederation was renamed the German Empire . Article I of the Constitution explicitly refers to the Confederation: "The German Empire consists of the territory of the former German Confederation." In § 87, the constitution refers to

12138-411: The term "fundamental rights" achieve a certain universality. The pre-parliament was also important because politicians began to group themselves according to their political leanings. The pre-parliament initiated two Bundestag resolutions on the election of a national assembly by the German people. The individual states were to elect representatives to a constituent national assembly which was to draft

12257-609: The threat from the French prime minister Adolphe Thiers to invade Germany in a dispute between Paris and the four other Great Powers (including Austria and Prussia) over the Middle East. The threat alarmed the German Confederate Diet ( Bundesversammlung ), which was made up of representatives of the individual princes, and the only institution representing the whole German Confederation. The Diet voted to extend

12376-618: The time of the Rump Parliament , printings were up to ten days late. Furthermore, the staff consisted of messengers and servants. The Pre-Parliament had set the ratio of one deputy to the National Assembly per 50,000 inhabitants of the German Confederation, totaling 649 deputies. However, Czech-majority constituencies in Bohemia and Moravia boycotted the election, reducing the total to 585. As many deputies held multiple assignments in state parliaments or government offices, this reduced

12495-480: The time of the Constitution's passage. Whatever form the final government of united Germany was to take would be defined by the Constitution, and necessary changes to the Provisional Central Power would be made accordingly. Significantly, the terms of the Regent's service explicitly forbade him or his ministers from interfering in the formulation of the Constitution. On 15 July 1848, the Regent appointed his first government under prime minister Prince Carl zu Leiningen ,

12614-473: The unanimous support of all 38 signatory states. Partially for this reason, influential European powers, including France and Russia, declined to recognize the Parliament. While the left demanded to solve this situation by creating a revolutionary parliamentary government, the center and right acted to create a monarchy. On 24 June 1848, Heinrich von Gagern argued for a regency and provisional central government to carry out parliamentary decisions. On 28 June 1848,

12733-543: The vote, but opponents saw in the roll call a means of documenting how the deputies voted. Finally, to save time, on 17 October 1848 voting cards were introduced (white "yes", blue "no") as a means of true documentation. By the Rules of Procedure, an absolute majority of deputies present elected the President and the two Vice-Presidents of the National Assembly. A new election of officers was held every four weeks, as Robert von Mohl had suggested. The President maintained order in

12852-607: Was a confederation of states that was to provide security both internally and externally. The purpose of the Confederation was thus quite limited: it was not intended, for example, to standardise legal relationships or create a common economic area. Federal law was based primarily on the Federal Act of 1815 and the Final Act of the Vienna Ministerial Conferences of 1820, which drew up a supplement to

12971-511: Was a revolt against serfdom , directed against manorial property and social oppression . Rioting Galician peasants killed some 1,000 noblemen and destroyed about 500 manors. Despite its failure, the uprising was seen by some scholars, including Karl Marx , as a "deeply democratic movement that aimed at land reform and other pressing social questions." The uprising was praised by Marx and Friedrich Engels for being "the first in Europe to plant

13090-522: Was declared "irresponsible", meaning the Regent could not govern except through his ministers, who were responsible to the Parliament. The Parliament then dispatched a deputation to the Archduke to present the honor bestowed upon him. However, the Confederate Diet ( Bundesversammlung ) sent their own letter, which the Archduke received prior to the parliamentary deputation, informing him that

13209-509: Was drafted, the Frankfurt Constitution was heavily referenced. The constituent Reichstag amended Bismarck 's draft constitution in its direction. Later during the German Empire, it was a basis for discussion in the development of the new imperial constitution . When the Weimar Constitution was drafted in 1919, the Frankfurt catalogue of fundamental rights was an important model. Even in the Parliamentary Council (1948–1949),

13328-437: Was handled differently from state to state and was frequently the subject of vociferous protests. Usually, it was interpreted to exclude the recipients of any poverty-related support, but in some areas, it also barred any person who did not have a household of their own, including apprentices living at their masters' homes. Even with restrictions, however, it is estimated that about 85% of the male population could vote. In Prussia,

13447-556: Was held from 18 May 1848 to 30 May 1849 in the Paulskirche at Frankfurt am Main . Its existence was both part of and the result of the "March Revolution" within the states of the German Confederation . After long and controversial debates, the assembly produced the so-called Frankfurt Constitution ( Paulskirchenverfassung or St. Paul's Church Constitution, officially the Verfassung des Deutschen Reiches ) which proclaimed

13566-677: Was partially the result of large-scale political developments, such as the escalation of the Schleswig-Holstein Question and the erection of the Bundesfestungen . Additionally, a series of bad harvests in parts of Germany, notably the southwest, led to widely spread famine-related unrest in 1845 and 1846. The changes caused by the beginnings of industrialization exacerbated social and economic tensions considerably, especially in Saxony and Silesia . Meanwhile in

13685-419: Was represented by only about 60 deputies, including many publishers, including Bassermann and Georg Friedrich Kolb , but also businessmen, industrialists and bankers, such as Hermann Henrich Meier , Ernst Merck , Hermann von Beckerath , Gustav Mevissen and Carl Mez . Tradesmen and representatives of agriculture were very poorly represented – the latter were mostly represented by big landowners from east of

13804-480: Was staunchly anti-Prussian and essentially anti-prince. His family had been mediatized along with hundreds of other nobles in the Napoleonic period, and he expected the remaining princes of Germany to set aside their crowns as well. Anton von Schmerling held contempt for many of the institutions he had dutifully served, such as the Confederate Diet, and considered the National Assembly and his administration to be

13923-463: Was to be seated for every 50,000 inhabitants within the Confederation, totaling some 649 jurisdictions (see this list of deputies at the opening of the parliament or list of all deputies on German Misplaced Pages ). The actual elections to the National Assembly depended on the laws of the individual states, which varied considerably. Württemberg, Holstein , the Electorate of Hesse (Hesse-Kassel) and

14042-479: Was to consist of two chambers (§ 85), and a member could belong to only one at a time.( § 97) A resolution of the Reichstag required the consent of both houses ( § 100). The Volkshaus represented the German people as a whole and was elected according to equal manhood suffrage. The basis for the election was the Imperial Election Act of 12 April 1849. The legislative period was four years after

14161-449: Was to prepare the elections for a national constitutional assembly. They also elected a "Committee of Seven" ( Siebenerausschuss ), which proceeded to invite 500 individuals to Frankfurt. This development was accompanied and supported since early March by protest rallies and risings in many German states, including Baden, the Kingdom of Bavaria , the Kingdom of Saxony , the Kingdom of Württemberg , Austria and Prussia. Under such pressure,

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