Frankfurt Parliament - Main Political Issues - Imperial Constitution and Basic Rights

Imperial Constitution and Basic Rights

The National Assembly appointed a three-person constitutional committee on May 24, 1848, chaired by Bassermann and charged with preparing and coordinating the drafting of a Reichsverfassung ("Imperial Constitution"). It could make use of the preparatory work done by the Committee of Seventeen appointed earlier by the Bundesversammlung.

On December 28, the Assembly's press organ, the Reichsgesetzblatt published the Reichsgesetz betreffend die Grundrechte des deutschen Volkes ("Imperial law regarding the basic rights of the German people") of 27 December 1848, declaring the basic rights as immediately applicable.

The catalogue of basic rights included Freedom of Movement, Equal Treatment for all Germans in all of Germany, the abolishment of class-based privileges and medieval burdens, Freedom of Religion, Freedom of Conscience, the abolishment of capital punishment, Freedom of Research and Education, Freedom of Assembly, basic rights in regard to police activity and judicial proceedings, the inviolability of the home, Freedom of the Press, independence of judges, Freedom of Trade and Freedom of establishment.

After long and controversial negotiations, the parliament passed the complete Imperial Constitution on March 28, 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 and a Staatenhaus 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.

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