The Constitution of the German Empire () was the basic law of the German Empire of 1871-1918, from 16 April 1871, coming into effect on 4 May 1871. German historians often refer to it as Bismarck's imperial constitution, in German the Bismarcksche Reichsverfassung (BRV).
According to the constitution, the empire was a federation (federally organised national state) of 25 German states under the permanent presidency of Prussia, the largest and most powerful state. The presidency of the confederation (Bundespräsidium) was a hereditary office of the King of Prussia, who had the title of German Emperor. The Emperor appointed the Chancellor, the head of government and chairman of the Bundesrat, the council of representatives of the German states. Laws were enacted by the Bundesrat and the Reichstag, the Imperial Diet elected by male Germans above the age of 25 years.
The constitution followed an earlier constitution of 1 January 1871, the Constitution of the German Confederation. That constitution had already incorporated some of the agreements between the North German Confederation and the four German states south of the River Main. It renamed the country to (conventionally translated to 'German Empire') and gave the Prussian King the title of German Emperor.
The constitutions of 1 January and 4 May 1871 are both essentially an amended version of the North German Constitution, which had likewise been instigated by Otto von Bismarck. The political system remained the same.
The constitution lost its effect in the November Revolution of 1918: the legislative and executive powers were performed by a new revolutionary organ. A national assembly created in 1919 a new, republican constitution: the Weimar Constitution, which has the same title in German as its predecessor (Verfassung des Deutschen Reiches, or 'Constitution of the German Reich').
Signatories and members
The constitution was signed by William I, the King of Prussia, acting in his capacity as Bundespräsidium of the North German Confederation, the Kings of Bavaria and Württemberg, and the Grand Dukes of Baden and Hesse. Hesse north of the river Main was already a member of the North German Confederation; its territory south of the river was now included as well.
The member states of the North German Confederation that now became members of the Empire were Prussia, Saxony, Mecklenburg-Schwerin, Saxe-Weimar-Eisenach, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss (older line), Reuss (younger line), Schaumburg-Lippe, Lippe, Lübeck, Bremen, and Hamburg.
Emperor
The empire was officially defined as a federation of the member states under the permanent presidency of Prussia. The presidency of the Confederation (Bundespräsidium) was a hereditary office of the King of Prussia. From 1 January 1871 onward, he was granted the additional title of German Emperor (Deutscher Kaiser). Thus, the imperial crown was tied to the office of the King of Prussia. Wilhelm II discovered this at the end of World War I. He believed that he ruled the Empire in personal union with Prussia, and could merely abdicate as German Emperor while keeping the Prussian crown. However, he realized that he could not do so without renouncing the entire constitution, which would have been, in effect, the de jure dissolution of the Empire.
Article 11 stated that the emperor had the power to declare war (and make peace), represent the Empire abroad, conclude treaties and alliances, and accredit and receive ambassadors. In the case of a non-defensive war being declared, consent of the Bundesrat was required. Both the Bundesrat and the Reichstag had to approve a treaty and also had to approve laws for it to be ratified.
He had other powers: To convene the Bundesrat and the Reichstag (Article 12); the convocation of the Bundesrat was required to take place as soon as demanded by one-third of its members (Article 14). To execute and publish Imperial laws (Article 17). To appoint and dismiss Imperial officials (Article 18).
The Reichskanzler (Imperial Chancellor)
The Emperor exercised his powers with the assistance of the Chancellor of the Empire (Reichskanzler). The Chancellor was appointed by the Emperor, to whom he was solely responsible. He presided over the Bundesrat and supervised the conduct of its business. The Chancellor had the right to delegate the power to represent him to any member of the Bundesrat. (Article 15)
Decrees and ordinances of the Emperor required the counter-signature of the Chancellor to be valid (Article 17).