The People's Front #8: The Constitutional Court's Verdict
The moment the National People's Party adopted opposition to reform as its official party line, the conflict between us and the right wing—temporarily dampened by the general strike—flared up once more.
“The reforms pushed by the People's Front are nothing but a shortcut to sever Germany's already weakening breath and hand the country over to the Bolsheviks in Moscow! Do not be deceived by their honeyed words, citizens!”
The National People's Party went so far as to create a paramilitary organization called the German Youth Patriotic League, composed of hardline conservative youths, to counter the centrist media outlets we had seized. Their clear intention was to stand against the People's Front, which already commanded hundreds of thousands through the Red Front Fighters League and the Reichsbanner. On top of that, the National People's Party pulled numerous other parties into its orbit. It looked as though they were trying to build an anti-leftist front… In that case, we would have to throw every ounce of our strength into obstructing them.
“Since the Frankfurt Journal has already taken our side, most moderate media outlets are already leaning our way,” I said.
Wels, Thälmann, and I met once again to coordinate our strategy.
“It is crucial that we clearly articulate the purpose of our reforms through as many press outlets as possible and win over public opinion that has yet to take a side,” I continued.
Both Thälmann and Wels now seemed inclined toward a battle for public sentiment.
“Then may I entrust that task to you, Representative Wels?”
“Leave it to me, Chairwoman.”
“I trust you. Also, I hear the National People's Party has formed a youth league…”
“Should we move immediately to neutralize them, Heinz?” Thälmann asked.
“No, it’s still too early.”
The Communists were reliable, but they must not be the first to act with excessive force.
“We must show the public the violent nature of the right-wing forces. The Worker's Factory project has already gained tremendous popularity among the unemployed and the working class. If the constitutional complaint passes and the legitimacy of our reforms is confirmed, forcing the cabinet to implement them, a change of government will come swiftly. The right wing will inevitably try to obstruct us, so until they resort to violence first, we will do everything within our power.”
No matter how I looked at it, this seemed the best course of action. After all, when the Communists had mobilized to disrupt a Nazi rally last time, the cabinet had branded them as rioters…
“A ground war is only possible with victory in the war of public opinion behind it. Once that is secured, we can attack the right wing without restraint. But first, public opinion must stand with us.”
“Haha, understood.”
Logically speaking, none of the five reform clauses we proposed could possibly violate the constitution. All we needed was for the Constitutional Court to side with us. A change of government felt almost within reach.
1. Resolution to repeal the Emergency Decree via national referendum — Constitutional.
2. Immediate withdrawal of austerity measures — Constitutional.
3. Partial collectivization of agriculture and industry under worker and unemployed ownership — Constitutional.
4. Introduction of equal suffrage (one person, one vote) regardless of property — Constitutional.
5. Dissolution of all paramilitary organizations and prohibition of private armies — Constitutional.
Less than a week after the General German Trade Union Confederation filed a constitutional complaint with the Imperial Constitutional Court regarding the constitutionality of the People's Front's five major reform proposals, I arrived at the Imperial Court located in Leipzig, Saxony.
“Is the Chief Justice present?”
“Prime Minister? The Chief Justice is, of course, present. Shall I call for him?”
“I would like to meet him privately. Is that possible?”
“Certainly.”
Soon afterward, the Prime Minister met the Chief Justice of the Constitutional Court in a private reception room inside the courthouse.
“It has been a long time, Prime Minister.”
“This is the first time we’ve met since I took office. A few days ago, the trade unions filed a petition requesting a ruling on the constitutionality of the reform proposals, did they not?”
“Indeed they did.”
“How is the discussion progressing?”
“At present, other matters have taken precedence, so this case is not being handled as the highest priority—”
“If this matter were to become the highest priority, what would be your personal opinion, Chief Justice?”
Brüning spoke urgently, not even giving the Chief Justice time to respond.
“…Why do you ask such a thing? If you wish to influence me, you have come to the wrong place, Prime Minister. Germany is a democratic nation with a clear separation of legislative, executive, and judicial powers. Any collusion between the head of the cabinet and myself to reach a predetermined verdict would be a clear violation of the constitution.”
“I am aware of that, Chief Justice. I merely wish to hear your opinion.”
At Brüning’s words, the Chief Justice reluctantly produced several documents.
“First, the resolution to repeal the Emergency Decree through a national referendum…” He slowly read through the documents.
“Although the constitution grants the right to decide on holding a referendum to His Majesty the Kaiser, this provision exists solely to prevent the cabinet from arbitrarily conducting referendums without the will of the people. It grants nominal authority to the head of state. If it truly reflects the will of the people, there is no reason not to proceed.”
“Then there is reason to proceed?”
“If the people desire it, then yes.”
“…Chief Justice.”
“Do not attempt to persuade me, Prime Minister.”
The Chief Justice drew a clear line and continued to the next clause.
“Second, immediate withdrawal of austerity measures.”
“Are you saying it is acceptable for the legislative branch to use the power of a strike to block policies promoted by the executive cabinet?”
“This is not a reform proposed by the People's Front, but a reform imposed upon the cabinet through the trade unions’ general strike. It is difficult to view this as the parliament using force to infringe upon the cabinet’s authority. Furthermore, parliamentary decisions reflect the will of the people elected by vote. While the Prime Minister’s use of the Emergency Decree to enforce austerity may be constitutionally valid, halting it according to the people’s will is a democratic act. I find it difficult to see any grounds for rejecting this.”
“Haa…” Brüning let out a heavy, frustrated sigh.
“Third, partial collectivization of agriculture and industry by transferring ownership to workers and the unemployed.”
“This constitutes an infringement upon private property, Chief Justice!”
“That is true. However, Article 153 of the Imperial Constitution states that private property shall be protected by the state, but it also carries the obligation to serve the public interest. When land or factories are neglected and fail to fulfill that responsibility, it is appropriate for the state to intervene. If owners cannot bear the responsibility attached to private property and thus fail to contribute to the public good, confiscation is justified under Article 153 of the Imperial Constitution.”
“Is there no legal problem with the term ‘collectivization’ (Kollektivierung)?”
“The Imperial Constitution only stipulates the legal protection of private property and its corresponding obligations. It makes no distinction based on method or subject. Whether it is individual private ownership or collective ownership by a group, the principle remains the same.”
“…”
“Fourth, the introduction of equal suffrage in which every citizen casts one equal vote regardless of property—”
“That is enough, Chief Justice.”
Brüning cut the Chief Justice off.
“I have confirmed that there are no grounds to declare the People's Front’s reform proposals unconstitutional.”
“I am glad to hear that.”
“You must consider the consequences, Chief Justice. Germany now faces two paths: either the cabinet’s austerity policies continue, or the country falls into the hands of extremists. The People's Front is attempting to communize the entire nation with the Communist Party wearing the mask of the Social Democratic Party. And we cannot know when the National People's Party will destroy democracy.”
“Even so, I can only interpret the law according to legal principles—”
“When the nation stands on the brink of survival, what importance does legal principle have?!”
Finally unable to contain himself, Brüning shouted.
“I beg you. Please dismiss the petition.”
“…However—”
“This is the last hope to save Germany, Chief Justice. I beg you. Please dismiss the petition.”
“…”
Brüning grasped the man’s hand as he spoke.
“……I will consider it.”
“I pray you will make a wise judgment, Chief Justice. I shall take my leave now.”
The Chief Justice of the Constitutional Court watched with a bitter expression as the Prime Minister departed.
The Constitutional Court has reviewed the petition submitted by the General German Trade Union Confederation.
After careful deliberation in accordance with the Imperial Constitution, all five reform proposals of the People's Front have been deemed constitutional.
Therefore, the cabinet is hereby ordered to implement the following without delay:
1. Repeal of the Emergency Decree (Article 48) through national referendum.
2. Immediate termination of all austerity policies.
3. Partial collectivization of neglected agricultural lands and factories under worker ownership.
4. Introduction of universal equal suffrage.
5. Dissolution of all private paramilitary organizations.
At the same time, in Vienna, Lower Austria.
“It has been far too long, everyone!”
A social gathering was in full swing in the garden in front of Schönbrunn Palace.
“Thank you all for gathering on such short notice.”
“It is an honor simply to be summoned by Your Majesty.”
The host was, of course, the master of the palace—Karl I. Although Germany had become a democratic nation with a parliament and cabinet separate from the Emperor, the name “von Habsburg-Lothringen” that followed Karl I still firmly secured his prestige.
“The reason I have called you here today is to discuss with you the matters I previously spoke of with the Prime Minister. However, what we discuss here carries no official authority, so please speak freely.”
“How could any words from Your Majesty’s lips lack authority?”
“Haha, enough of that.”
Despite the talk of a “democratic nation,” Karl I had already grown accustomed to the absolute authority he had enjoyed until just twelve years ago.
“What do you all think of the Emergency Decree issued by the Prime Minister?”
“The mask of democracy that had stolen Your Majesty’s power has finally been torn away,” said Count Ottokar Czernin, the great Bohemian noble who had served as Foreign Minister of the German Empire during the Great War.
“Count Czernin is correct. The cabinet has driven itself to ruin,” added Paul von Hindenburg, who still held the position of Supreme Commander of the Imperial German Army.
“Incidentally, Baron von Hugenberg—a great noble of Brandenburg and a man loyal to our imperial house even before the war—contacted me. The Prime Minister claims the Emergency Decree was necessary because the National People's Party refused to cooperate with the cabinet, but his thoughts seem to differ.”
“What did he say?”
“He called the Prime Minister weak. Apparently the left wing has put forward an influential newcomer.”
“He must be referring to Representative Heinz.”
“Was that her name? It sounds familiar.”
“Representative Heinz is an extremely cunning woman,” said Erich Ludendorff, another hero of the Great War seated beside von Hindenburg.
“She twists the meaning of democracy and equates it with the Bolshevik Reds in Moscow who murdered Tsar Nicholas. Even the Social Democrats, the largest party in parliament, have been deceived by her words and chosen to cooperate with the Communists, Your Majesty.”
“Good heavens…”
The sympathy and terror surrounding the execution of Russia’s last Tsar, Nicholas II, and his family by enraged citizens and revolutionary leaders still ran deep in the hearts of the Emperor and the nobility—accompanied by a profound loathing for the Communists.
“Therefore, I believe we should use the National Socialist Party as a means to neutralize that woman, Your Majesty.”
“The National Socialist Party—you mean that Bohemian corporal (Böhmischer Gefreiter), Ludendorff?”
Von Hindenburg, seated nearby, frowned.
“He is a man with a dark heart, Your Majesty.”
“Who is he, exactly?”
“A man named Adolf Hitler. Although he serves as a Reichstag member under the National People's Party, he is in many ways a vulgar individual.”
“I see. Is that why the Prime Minister is struggling so much?”
“The Prime Minister wishes to keep both the leftist Reds and the right-wing National Socialists in check. Naturally, his position has become precarious.”
“So that is the situation. But it is not good for the Prime Minister to grow too weak, is it?”
“On the contrary, the weakening of the Prime Minister signals the failure of democracy, Your Majesty. Now may be the time for you to reclaim your rightful power.”
“Come now, that will not do. I am quite comfortable as things are.”
The Emperor waved his hand, firmly rejecting Ludendorff’s suggestion.
Meanwhile, in Frankfurt, the administrative capital of the Empire…