This is part of a series where I will discuss the German Constitution, and various Constitutions that came before the 1949 episode.
The Constitution of Prussia, referred to in German as "Verfassung für den Preußischen Staat" was signed off on 31 January 1850.
It's safe to say that it was geared to give the Kaiser a fair amount of power, and to a lesser extent....the Chancellor. The lower chamber was given a minimum amount of power to be used. The upper chamber was run mostly by German gentlemen with a 'status' and mostly viewed as conservatives.
There are a 119 rights or stipulations written into the document of 1850. I won't go into a lot of these, but some are worth mentioning.
Article 3 for example.....laid down the idea that you could acquire rights as a Prussian citizen, and you could lose the rights.
Article 4 stipulated that all Prussians were equal, at least before the law. There were not supposed to be any more classes of people.
Interesting enough....Article 10 took up the idea of civil death, confiscation of property....as a punishment....was forbidden.
Article 12 covered freedom of religion. Interestingly enough.....there is a short piece of text in the article which basically says your religion can't interfere with state duties or civil requirements.
Article 14 took up the idea of a state religion....which declared Christianity would viewed in some way as the state religion.....without saying Protestant or Catholic.
They got around to marriage in Article 19, noting that you had to register your marriage.
They noted in Article 21 that education for kids had to be adequately supported. It was even written in a way that stipulated that parents or guardians could not skip out on basic education. It wasn't a right, but a requirement put upon parents to support initial education within Prussia. Article 22 even went and discussed the idea that proof of learning (tests) had to be established by the state authorities, and some level of 'fitness' had to be stamped and certified as kids passed through the system. Article 23 went and discussed the matter of teachers, noting they had rights (unstipulated) and duties to be seen at the level of actual state employees.
Article 25 went and discussed the concept that schools would be a community matter to organize but be assisted by state, as when necessary.
Freedom of speech? This was listed in Article 27. A citizen had the right to express his opinion, in various ways....even noting pictorial or cartoon free speech. Course, Article 28 came right back on offenses in that you could be punished for insults or anything regarded as a threat to society. The word 'penal code' pops up in this reference.
Freedom of assembly? Prussians got that in Article 29. They kinda noted though....it had to be in buildings, held in a peaceful way, and absolutely no firearms to be displayed.
Privacy protection over your mail existed with Article 32....course, then they note that if you were under investigation....those rights disappeared.
Article 34 stipulated that all Prussian men were expected to fill some type of military service. The various stipulations? Unwritten into this brief article, and was to be handled by normal laws.
Then you come to Article 36....which basically says that military units could be used across Prussia to counter internal threats, enforce the laws, and maintain state security. It's not a right, and it was the trigger to be used by the Kaiser to counter any revolutionary activity within Prussia. Of all articles in this constitution.....this is the one which likely drew a fair amount of conversation, in my humble opinion.
In Article 38, the constitution stipulated that military decisions....were not to be debated or discussed beyond the authorities in charge. In effect, if a thousand troops were hostile toward some military decision....they were forbidden from discussing the matter in any forum. This even went as far to include situations where you were retired from the military and wanting to complain over a decision affecting the military.
Article 43 picked up this odd and short topic of the rule of the Kaiser. Basically, the authority of the Kaiser was not to be disrespected, period. Definition of respect? Undefined. You can sense that article probably would be a long term issue.
Then came Article 48.....only the Kaiser would have the power to declare war, and establish peace. Only the Kaiser would have the power to sign treaties with other lands.
Article 51 gave the Kaiser the right to open and close both the upper and lower house. He could dismiss only one, or both. But once he closed the assembly, there had to be a vote to occur within sixty days with Prussia, and shortly after that.....the assembly had to reopen.
Article 54 talks over the oath of the Kaiser.
The size of the lower chamber? Set by Article 69. It was limited to 433 members. I've never seen this discussed as why the number is 433. It may relate to the size of the hall, or to the districts at that point in time.
Who can vote? Article 70 covers this. Every Prussian male....25 years old....is qualified to vote in their district.
Then you come to the one article of significance. Article 111. It basically says that in the event of war, chaos, or revolution....various rights are suspended. It could be for a period of time, or indefinite. It could be made effective in only one single region, or the entire country of Prussia.
In some ways, this Prussian Constitution demonstrated a great deal of thought, but with limited freedoms. The chief driving force? The Kaiser. The Kaiser gave freedoms, and took away freedoms....as necessary.
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