The New German Constituition Flashcards
What was the role of the Parliamentary Council in the formation of the new German constitution?
65 members of the Lander parliaments met in Bonn responsible for drawing up the new constitution, this was known as The Parliamentary Council. They believed it would be temporary until full reunification of Germany.
Who primarily led the proceedings of the Parliamentary Council?
Carlo Schmid, a talented constitutional lawyer, primarily led the Party proceedings.
What was the ‘Fundamental’ or ‘Basic’ Law?
The ‘Fundamental’ or ‘Basic’ Law was the basis of the new constitution designed by legal experts from August to September 1948.
What voting system was implemented in West Germany’s new constitution?
Germans voted twice: once for a direct representative and another for a party list (aiming to connect on local issues ). Fedral elections would take place every 4 years, no more elected presidents only appointed by parliament.
What was a key difference between the Weimar Constitution and the new West German constitution regarding the presidency?
The president (Bundespräsident) would be appointed by parliament instead of being elected.
What was the ‘constructive vote of no confidence’?
It required that a new chancellor be elected by parliament before the sitting chancellor could be removed.
What power did the constitutional court have in the new political system?
The constitutional court could outlaw parties it deemed undemocratic in their political ideology.
What threshold did parties need to meet to gain seats in the Bundestag?
Parties had to gain five percent of the vote or above- so that minor extremist parties could not gain a federal seat.
True or False: The Weimar Constitution allowed for the suspension of parliament.
True
Fill in the blank: The Bundesrat served as the _______ house representing the Länder.
upper
What significant historical context influenced the rejection of a public vote on the new constitution?
The fear that the Communists in the East would encourage voters to reject it. The Lander ministers rejected calls for the constituition to be voted on by the German people.
What was one of the main aims of the new voting system in West Germany?
To connect politicians and the public more effectively regarding local issues.
What happened to Prussia in the new political structure?
Prussia was permanently erased as a state as is was seen as a symbol for militarism and authoritarianism.
What was the purpose of removing Article 48 from the new constitution?
To prevent the suspension of parliament and the changing of the constitution.
What was the fate of the elected president in the new German constitution?
There would be no more elected presidents; the position would be appointed by parliament.
What was the significance of the federal elections being held every four years?
It established a consistent political cycle for governance.
What was the role of the reconstituted military in the new constitution established in 1949?
The new constitution had no role for a reconstituted military at this stage.
What did the new constitution guarantee?
A social welfare state.
What were the key disagreements among political parties regarding the Bundesrat?
Whether it should be fully elected or made up of delegates from the Länder parliaments, and how much power it would have to block Bundestag legislation.
What was the compromise reached regarding the Bundesrat’s composition?
The Bundesrat would not be directly elected and each state would be represented proportionally to its population.
How would government revenue from taxes be divided between the Länder and the federal government?
Equally.
What control did the Länder parliaments have?
Control over education and administration in their states.
What was the complex question regarding Berlin in the new constitution?
What to do with Berlin, as West Germany only controlled the western half.
What was decided regarding the control of Berlin?
Berlin would remain officially under the control of the Western Allies.
Could West Berlin citizens vote in federal elections?
No.
How many members from the Berlin Assembly could sit in the Bundestag?
Twenty-two members.
What was the voting status of Berlin Assembly members in the Bundestag and Bundesrat?
Observer status only and no voting rights.
Who governed West Berlin?
A local authority led by a popularly elected mayor.
What was the date when the Fundamental Law was passed by the Parliamentary Council?
8 May 1949.
What was the capital of the new Federal Republic of Germany (FRG)?
Bonn.
When were the federal elections set for the FRG?
14 August 1949.
What was a significant difference between the Federal Republic of Germany and the Weimar Republic?
The FRG did not officially govern the western part of Berlin.
Who controlled the Ruhr region at the time of the FRG’s establishment?
The International Ruhr Commission.
Who ran all foreign affairs of the FRG?
The Allied High Commission.
When did the Allied powers officially recognize the FRG as a sovereign nation?
20 September 1949.
What was required for laws passed by the FRG to become effective?
They had to be signed off by the United States, France, and the United Kingdom.
How has the FRG been described by some historians?
‘Semi-sovereign’ state although recognised as a sovereign 20th september 1949 the laws they passed had to be signed off by the United States, France & UK.
What happened to the military
no reconstituted military due to USSR’s concern.
What was one of the main criticisms of the FRG constitution from groups on the left?
It simply re-established a capitalist system that did little for the German working classes.
Critics argued that the constitution failed to address the needs of the working class.
How did the use of proportional representation affect the Bundestag?
It ensured a large number of differing parties and mainly constituted coalitions.
This led to a fragmented political situation.
What was a significant way the FRG constitution aimed for stability compared to the Weimar Republic?
It implemented democratic rights for all citizens within a federalised system.
This was intended to prevent extremist parties from playing a role in politics.
What challenges did the democratic leaders of the FRG face that were similar to those of the Weimar Republic?
Military occupation, difficult economic situation, destruction, and social upheavals caused by defeat in war.
Both faced significant post-war challenges.
What role did the occupying Allied powers play in the establishment of the FRG?
They were eager not to repeat the mistakes of the Versailles Treaty.
Their support contributed to the stability of the new government.
What was one of the changes in the functions of the president under the FRG constitution?
It ensured greater stability through changing functions.
Specific changes are not detailed but aimed to strengthen the political system.
True or False: The FRG constitution was considered perfect and faced no political challenges.
False.
The constitution underwent political challenges and was not perfect.
Fill in the blank: The FRG constitution and its democratic system remained stable up to _______.
German unification in 1990.
This stability is seen as a demonstration of the constitution’s success.
What was the primary aim of the Parliamentary Council when drafting the FRG constitution?
To implement broader, democratic ideals in a more sustainable and firm fashion.
They were guided by the Weimar Constitution.
What aspect of the political situation in the FRG was intended to be different from the Weimar Republic?
The ability of parties to work together and the provisions in the constitution to ensure stability.
This aimed to avoid the fragmentation seen in the Weimar Republic.
