Paulskirchenverfassung
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The so-called Paulskirchenverfassung (Constitution of St. Paul's Church, Frankfurt) of 1849 was the first constitution of a German Empire (German Empire usually being associated with the Empire founded by Bismarck in 1871), and as such was actually titled Verfassung des Deutschen Reiches (Constitution of the German Empire). It was proclaimed by the Frankfurt Parliament, during its meeting in the Paulskirche church on 27 March 1849, and came in effect on 28 March,[1] when it was published in the Reichs-Gesetz-Blatt 1849, p. 101-147.
Thus, a united German Empire, as successor to the German Confederation, had been founded de jure. De facto, though, most Princes on German soil were not willing to give up sovereignty and resisted it, so it did not succeed on land, with the German Confederation being restored a year later. On the other hand, this first and democratic German Empire, with its small Reichsflotte navy founded a year earlier, fought the First War of Schleswig at sea with the Battle of Heligoland (1849). The fleet's black-red-gold war ensign was one of the first instances of the official use of the Flag of Germany.
After long and controversial negotiations, the parliament had passed the complete Imperial Constitution on 27 March 1849. It was carried narrowly, by 267 against 263 votes. The version passed included the creation of a hereditary emperor (Erbkaisertum), which had been favoured mainly by the erbkaiserliche group around Gagern, with the reluctant support of the Westendhall group around Heinrich Simon. On the first reading, such a solution had been dismissed. The change of mind came about because all alternative suggestions, such as an elective monarchy, or a Directory government under an alternating chair were even less practicable and unable to find broad support, as was the radical left's demand for a republic, modelled on the United States.
The people were to be represented by a bicameral parliament, with a directly elected Volkshaus (House of commons), and a Staatenhaus (House of States) of representatives sent by the individual confederated states. Half of each Staatenhaus delegation was to be appointed by the respective state government, the other by the state parliament.
The constitution's text opens with § 1 Sentence 1: „Das deutsche Reich besteht aus dem Gebiete des bisherigen deutschen Bundes.“ (The German Empire consists of the area of the German Confederation).
[edit] Literature
- Jörg-Detlef Kühne: Die Reichsverfassung der Paulskirche. Neuwied 1998, ISBN 3472030240.
- Karl Binding: Der Versuch der Reichsgründung durch die Paulskirche. Schutterwald/Baden 1998, ISBN 978-3-928640-45-9
