The alliance of North and South Germany was tested in the Franco-German War of 1870-71. The outcome of. the brilliant victory of united Germany over France was the es-, tablishment of the national German Empire, 1 Jan, 1871. (The date of the revised stitution is 16 April 1871).
Nature of the German The Ger man Empire is a federation of 25 states, of which 23 are monarchies and two republics. In joining the Union the states have voluntarily given up their sovereignty and received a in the sovereignty of the empire. Sovereignt31. rests with the. Bundesrat, since it is this body, as we shall see, that 'has the final saying in regard to all laws. including the supreme law of the land—the constitution. The Bundesrat is the representative body of the princes and the senates of the 25 states. Therefore, strictly speaking, the German Empire is an aristocratic polyarchy. However, the power of the Kaiser as Prussian member of the Bundesrat and as head of the imperial administration, is so pre ponderating that from the viewpoint of prac tical politics the German Empire is a monarchy, limited by the representation of the people in the Reichstag and by that of the states in the Bundesrat, or in other words, it is a constitu-, tional monarchy limited federatively.
The Organization of the Government: The The °German Kaiser' — this is the proper title—is always the King of Prus sia. Prussian law determines the succession. It is accordingly a hereditary office. Most of the power of the Kaiser in the empire is de rived from his position as the head of the strongest and most privileged state in the Union. As such he controls about one-third of the votes in the Bundesrat, and through his prestige he has an almost controlling influence over this important organ of legislation. He has a veto on all constitutional amendments and on changes of existing taxes and custom duties. He appoints the members of the important com mittees in the Bundesrat for the army, the navy and fortresses. The legislative bodies are convened, opened, adjourned and dissolved by the Kaiser. The executive functions of the Kaiser are of the greatest importance. He apt points and dismisses the Chancellor and all imperial officers, and thus controls the adminis tration of the empire. International represen-1
tation of the country lies entirely in his hands: With unessential limitations in regard to Bat varia and Wiirtemberg, mentioned below, he is commander-in-chief of the army and navy in times of war and peace, and may declare mar tial law in any part of Germany. He appoints and removes the governor of the imperial ter ritory Alsace-Lorraine and thus controls its votes in the Bundesrat. Governmental authority in the protectorates is also, by special law, vested in the Kaiser. Like all other rulers he has an extensive pardoning power. The Kaiser °can do no wrong.° The responsibility for his public acts is assumed by the Chancellor. As German Kaiser, he receives no financial re muneration except a comparatively small amount for purposes of state representation.
The The Bundesrat, or Fed eral Council, represents the federal principle. Its members are instructed delegates of the sovereigns of the several states, i.e., of the princes of the 22 monarchies and of the senates of the three republics. The members of the Bundesrat are responsible to their respective sov ereigns for their votes in this body. The votes are not counted individually but as units for each state. Unlike the Senate of the United States, state representation in the Bundesrat is unequal. However, it is not in proportion to the territory or population, for in such a case Prussia would always have a majority of three fifths and the purpose of the Bundesrat as a co-operative federal organ would be destroyed. Therefore a somewhat artificial distribution of votes, based upon historical precedent, was made and Prussia was given 17 votes (through con trol of the one vote of the principality of Wal deck and the three of Alsace-Lorraine it really has 21), Bavaria 6, Wiirtemberg and Saxony, 4 each, Baden and Hesse, 3 each, Mecklenburg Schwerin and Brunswick, 2 each, and the re maining 17 states 1 vote each. The presiding officer of the Bundesrat is a Prussian member, ordinarily the Chancellor. The business of the Bundesrat has become so extensive that in prac tice it is now a permanent body, although,'as said before, not in theory.