The New Germany Part 15

ARTICLE 36.

No member of the Reichstag or of a Landtag may at any time be made subject to judicial or administrative penalty, or may be made responsible outside the House, on account of his vote or on account of any utterances made in virtue of his office as deputy.

ARTICLE 37.

No member of the Reichstag or of a Landtag may, without the consent of the House of which he is a member, be arrested or subjected to examination, while the House is in session, on account of any act for which criminal proceedings are threatened unless and except he have been arrested while committing the said act or at latest in the course of the following day.

A like consent is necessary for every other restriction of personal liberty calculated to obstruct a deputy in the free exercise of his office.

The Reichstag or a Landtag may require any criminal proceedings, any arrest, or any other restriction placed on the personal liberty of one of its members to be suspended for the duration of the session.

ARTICLE 38.

The members of the Reichstag and of the Landtags are ent.i.tled to refuse their evidence, both as to the ident.i.ty of persons who have made communications to them in their capacity as deputies, and as to the nature of these communications themselves. With regard to the seizure of doc.u.ments their position is further identical with that of persons who have the legal right of refusing evidence.

A search or seizure of doc.u.ments may not take place within the precincts of the Reichstag or a Landtag except by consent of the President concerned.

ARTICLE 39.

Officials or members of the armed forces require no leave in order to exercise their functions as members of the Reichstag, or of a Landtag.

Should they be candidates for a seat in these bodies such leave as their candidature requires must be granted to them.

ARTICLE 40.

The members of the Reichstag are ent.i.tled to free pa.s.ses on all German railways, and also to allowances as provided by act of the Realm.

SECTION III

THE PRESIDENT OF THE REALM AND THE GOVERNMENT OF THE REALM

ARTICLE 41.

The President of the Realm shall be elected by the whole German people.

Every German who has completed his thirty-fifth year is eligible, and an act of the Realm shall make further provision.

ARTICLE 42.

The President of the Realm shall take the following oath on a.s.suming office----

I swear that I will devote my powers to the good of the German people, that I will promote and protect the people's interests, will maintain the const.i.tution and the laws, will fulfil my duties conscientiously, and will exercise justice towards all.

The addition of a religious oath is permissible.

ARTICLE 43.

The President holds office for seven years and is re-eligible.

The President of the Realm may be deposed from office before the expiry of his term by popular plebiscite on initiative of the Reichstag. The resolution of the Reichstag must have a two-thirds majority. It precludes the President from any further exercise of office. Should the plebiscite reject deposition, such vote counts as a new election and entails the dissolution of the Reichstag.

The President of the Realm may not be criminally prosecuted without consent of the Reichstag.

ARTICLE 44.

The President of the Realm cannot be concurrently a member of the Reichstag.

ARTICLE 45.

The President of the Realm represents the Realm in international intercourse. He contracts alliances and other treaties with foreign Powers in the name of the Realm. He accredits and receives amba.s.sadors.

Declaration of war and conclusion of peace shall be by act of the Realm.

Alliances and treaties with foreign States concerning subjects of national legislation require the consent of the Reichstag.

ARTICLE 46.

The President of the Realm appoints and dismisses officials and officers of the Realm, except as may be otherwise provided. He can exercise his rights of appointment and dismissal through other authorities.

ARTICLE 47.

The supreme command over the whole armed forces of the Realm resides in the President of the Realm.

ARTICLE 48.[23]

Should any Land fail to fulfil the obligations imposed on it by the const.i.tution or laws of the Realm, the President of the Realm may constrain it thereto by armed force.

Should public order and safety be seriously disturbed or threatened in the German Realm, the President of the Realm may take the necessary measures to restore public order and safety; in case of need he may use armed force. For this purpose he may, for the time being, suspend wholly or partly the fundamental civil rights detailed in Articles 114, 115, 117, 118, 123, 124, and 153.

The President of the Realm is bound without delay to communicate to the Reichstag all measures taken by him in virtue of Clause 1 or Clause 2 of this Article. The Reichstag may require such measures to be abrogated.

A Land Government may take temporary measures of the nature indicated in Clause 2, should delay be dangerous. The President of the Realm or the Reichstag may require such measures to be abrogated.

An act of the Realm shall make further provision.