Weimar vs. Constitution: The Second Round

Since people are obviously interested in these two constitutions (Dueling Constitutions gets the most hits every day) I have decided to do another piece.  Comparing more of Weimar and its ramifications should we end up like pre WWII Germany.

One thing that is most glaring to me is that America and Germany declare themselves to be republics but in truth Germany never was a republic, it was a Reich or an empire! An empire does not take orders from the peons! To call themselves the German Reich and then add they are a republic is really to insult one’s intelligence.

Article 1
The German Reich is a republic.  State authority derives from the people.

Ah yes, I needed a good laugh. Thank you Weimar.

Now let’s look at their third article:

Article 3
The Reich colours are black-red-golden. The merchant flag is black-white-red, with the Reich colours in the upper, inner corner.

Are you kidding me? This is what  you think is important in terms of government-the colors of your flag? If our flag was purple, green and tan it wouldn’t make a difference.  I love America and it has little do with “our colors!” I respect the flag as a symbol of our country, but seriously you have just finished a world war, you are devising a new constitution and instead of focusing on the needs of the people, you are doing interior design?  Let’s look at our third article:

Section 1 – Judicial powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

There are two other sections as well, but the bulk of it deals with the Judicial powers. So Americans get together devise a constitution and think article 3 should deal with the last branch of powers in our government-the courts. And lay out what they can hear and what they can’t and a bunch of leftists Germans get together and make fashion decisions for theirs!

Okay by Article 6, they are finally getting down to brass tacks.  I will post 6-10 up here:

Article 6
The Reich exclusively exercises legislation in the following areas :
1. foreign relations
2. colonial affairs
3. nationality, freedom of movement, immigration and emigration as well as 
4. national defense
5. national currency
6. customs service, the union of the customs and trade territory, freedom of
movement of merchandise
7. postal and telegraph service including telephone service

Article 7
The Reich is responsible for legislation in the areas
1. civil law
2. penal law
3. jurisdiction including the execution of sentences as well as judicial 
assistance between government offices
4. passport affairs and the registration of aliens
5. welfare for the poor and the migrants
6. press, clubs, assemblies
7. population policy, motherhood, baby, children and youth welfare
8. health care, veterinary affairs, protection of plants against diseases and parasites [Hitler would call Jews ‘parasites” and that one word would cost 5 million Jewish lives!]
9. labour legislation, insurance and protection of workers and employees as well
as certification of employment
10. the establishment of institutions representing occupations within the Reich territory
11. welfare for combattants and their surviving dependants
12. the law of expropriation
13. the nationalization of natural resources, of economic enterprises, of the production, distribution and pricing of merchandise for the social economy
14. trade, measurements, the distribution of paper money, construction and stock markets
15. the sale of food as well as other goods of daily consumption
16. industry and mining
17. insurances
18. merchant shipping. ocean and coastal fishing
19. railways, inland navigation, motor vehicle traffic on land, water and in the air, the construction of overland roads, as far as these serve general traffic and national defense
20. theatres and cinemas

Article 8
The Reich furthermore is responsible for legislation regarding taxation and other revenues, as far as they are fully or partly used to pay its expenses. If the Reich uses taxation which hitherto has contributed to the budget of the states, it has to consider the viability of the states.

Article 9
Insofar there is need for the formulation of standardized regulations, the Reich has the legislation over
1. welfare system
2. protection of law and order

Article 10
The Reich may, via legislation, establish principles for:
1. the rights and obligations of religious communities
2. the education system, including universities and scientific libraries
3. the rights of Beamte (3) in all public bodies
4. law pertaining land, its distribution, settlement, obligations coming
with ownership of land, housing and the distribution of population
5. funerals

Okay once you count all those bad boys up-you have 33 enumerated powers and can you find something that the government does not or cannot control? NO!!! Everything, even seeing a movie is under government control! We have 18 enumerated powers.

Now let’s look at our respective 10th Amendments. By this I mean, state sovereignty, who comes out better in the end? Well let’s take a look.

Article 12
As far and as much the Reich does not make use of its right to legislate, the states are entitled to legislate. This does not apply to the areas in which the Reich has the exclusive right to legislate.
When it comes to state laws pertaining Article 7 Number 13, the Reich government, inasfar the welfare of the Reich is concerned, has the right to object.

That is Weimar’s and this is ours:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In our Constitution, which doesn’t try to define every little thing for us but expects us to use our brains, the rights not explicitly outlined or prohibited  belong to the States and people. Notice how we mention the people in ours? Were is the mention of the people in Weimar’s?  In fact, if it is considered “bad”  for the Reich, regardless of whether the people want it or the states want it, it cannot happen.  Because it is the Reich’s welfare that is paramount not the people’s. 

States have no independent of the Reich. Whereas in America they do. This is stated in Article 14

Article 14
Reich laws are executed by state authorities, inasfar Reich laws do not specify otherwise.

This might look like an attempt at state sovereignty but it clearly is not. They are to be answerable to the Reich, not the people. It is a whole different feel. They are trying to create a vast government to take care of all human needs.  Our founding fathers were trying to create a limited government to ensure people had the most freedom to do what they wanted. Their focus is entirely different.  In the Weimar constitution the government is the master, in our constitution, the people are the master and the government is their servant.

As we continue to research Weimar, you will see how vastly subpar it is to America’s constitution and how a republic in the hands of Leftists is not a republic at all, but a grab for power. We must safeguard our freedoms and make sure we are not becoming a Nazi Germany and Lord helps us if we that’s where we end up.