862.032/9–2348: Telegram
The United States Political Adviser for Germany (Murphy) to the Secretary of State
2375. Following are recent developments at Parliamentary Council in Bonn.
Significant decision was reached by Committee on Basic Questions (Grundsatzfragen) in determining that field of basic civil rights (Grundrechte) should be reserved to federal rather than Land constitutions and in accepting principle that such civil rights will take precedence not only over administrative and judicial determinations, as in Weimar Constitution, but also over legislative enactments. Subcommittee was established to formulate basic civil rights.
Organization Committee discussed question of second parliamentary chamber, specifically whether it should be in form of federal council or senate. SPD favored latter and CDU/CSU former.
During 20-minute plenary session of Parliamentary Council on Wednesday, September 22 agenda was approved against opposition only of Communists, and an 11-man committee created on FDP initiative to deal with revision of Laender boundaries. No date was set for next plenary session.
An Electoral Law Committee under chairmanship Dr. Becker (LDP) discussion centered on important distinction between vote by single constituency majority or by proportional representation. Dr. Diedrichs (SPD) in supporting a “refined form” of proportional representation and Dr. Kroll (CSU) who favored single constituency majority vote stressed that their views were personal rather than party.1
[Page 425]Committee for Questions of Competence (Zustaendigkeitsfragen) resolved that federal government should have exclusive legislative jurisdiction over following: Foreign relations, citizenship for federal state and Laender, freedom of movement, extradition, passports, immigration and emigration, unified customs and trade, currency questions, freedom of movement for goods traffic, weights and measures, copyrights, printing rights and industrial legal protection (patents, trade marks, etc.). Basic concept that federal law takes precedence over state law was established. Committee also ruled that in instances where legislative power lies with federal state, Laender would be enabled to legislate only if authorized by federal government and if latter had not already exercised its legislative authority in that specific field.
Discussions in committees and decisions reached to date clearly indicate growing favor for concept of reasonably strong central state as compared with extreme federalism. No doubt in future committee meetings and plenary sessions there will be considerable political horse-trading with respect to these powers but it seems evident that extreme federalist views are being increasingly pushed into background.2
Sent Department as 2375; repeated London 656; Paris 67.
- Telegram 2390, September 25, from Berlin, not printed, reported that in the Electoral Law Committee, the Social Democrat, Free Democrat, and Communist spokesmen voted for proportional representation while the Christian Democratic Union favored single constituencies (862.00/9–2548).↩
- Telegram 2390, September 25, from Berlin, reported that there were indications that Christian Democratic leaders were dragging their heels in Bonn in the expectation that delay would favor their party in future elections. On the other hand, the Social Democrats favored going ahead as rapidly as possible and having a draft constitution ready by November 1.↩