Constitution of the Free State of Prussia

Preamble
The Prussian people by its Constituent Assembly gives itself the following constitution, which is hereby promulgated:

Article 1: The State
(1) Prussia is a republic and a member of the German Reich.

(2) The consent of Prussia, required by the constitution of the Reich for territorial alterations, shall be given by law.

(3) The Prussian colors are black and white.

(4) The language used in public business and negotiations shall be German.

Article 2: Sovereignty
The sovereignty of the state resides in the whole people.

Article 3: Popular Suffrage
In accordance with the provisions of this constitution and of the constitution of the Reich, the people shall express their will directly through popular suffrage (popular initiative, popular referendum, and popular election) and indirectly through the agencies established by the constitution.

Article 4: Right to Vote
(1) All German citizens, men and women, over twenty years of age, who are domiciled in Prussia, are qualified to vote.

(2) The right to vote shall be universal and equal and shall be exercised secretly and directly. Election day must be a Sunday or a public holiday.

(3) Detailed regulations shall be prescribed by law.

Article 5: Persons Denied Suffrage
The following persons shall be denied the right to vote: (a) those who are under interdiction or who have been placed under temporary guardianship or are under tutelage by reason of mental incapacity; (b) those who do not possess civil rights.

Article 6: Popular Initiative
(1) Popular initiative may be used for: (a) constitutional amendments; (b) enactment, amendment, or repeal of laws; (c) dissolution of the Landtag.

(2) Initiative proposals must be addressed to the Ministry of State and shall immediately be submitted by the latter to the Landtag with a statement of the Ministry's views. A complete draft of law must be the basis of an initiative proposal in cases (a) and (b). The initiative proposal shall be valid only if it is supported in case (b) by one-twentieth and in cases (a) and (c) by one-fifth of the qualified voters.

(3) An initiative proposal shall not be admissible concerning questions of finance, tax laws, and salary regulations.

(4) A popular referendum shall be held upon an initiative proposal and in such other cases as are provided for in the constitution; it shall be valid only if a majority of the qualified voters participate therein.

(5) A popular referendum shall not be held if the Landtag has adopted the initiative proposal.

(6) Proposals for amendment of the constitution, or for a dissolution of the Landtag require for acceptance the consent of a majority of all qualified voters. In other cases a simple majority of the valid votes polled shall determine. The vote may be only by "yes "or "no."

(7) The procedure of popular initiative and popular referendum shall be regulated by law.

Article 7: Executive
The Ministry of State shall be the supreme executive and directing authority of the state.

Article 8: Judicature
(1) The judicial power shall be exercised by independent courts, subject only to law.

(2) Judgments shall be rendered and executed in the name of the people.

Article 9: Composition
(1) The Landtag shall consist of deputies of the Prussian people. The deputies shall be representatives of the entire people and shall be elected by them according to the principles of proportional representation.

(2) Qualified voters who are twenty-five years of age are eligible for election.

Article 10: Independence of Deputies
The deputies shall vote according to their independent convictions, with consideration only for the public welfare; they shall not be bound by orders or instructions.

Article 11: State Officials
(1) Officials, employees, and workers of the state and of public corporations shall not be required to obtain leave to sit as deputies.

(2) If they seek election to the Landtag, leave necessary to carry on their campaign shall be granted to them.

(3) Payments of their salaries or wages shall be continued.

(4) The above mentioned provisions shall not affect the rights conferred upon religious associations by Article 137 of the constitution of the Reich.

Article 12: Canvassing
(1) The validity of elections shall be verified by a tribunal to examine election returns constituted by the Landtag for this purpose. It shall also decide whether a deputy has lost his seat.

(2) The tribunal to examine election returns shall consist of members of the Landtag, elected by the Landtag for the legislative term, and, in addition, of members of the Superior Administrative Court, appointed by the presidency of this Court for the same period.

(3) The tribunal to examine election returns shall pronounce judgment upon the basis of public and oral sittings by a quorum of three members of the Landtag and two judicial members.

(4) Proceedings apart from the sittings of the tribunal to examine election returns shall be conducted by one of the members appointed from the Superior Administrative Court, who shall not belong to the above named tribunal to examine election returns.

(5) Detailed regulations shall be prescribed by law.

Article 13: Term
The Landtag shall be elected for a four-year term. A new election shall take place before the expiration of this period.

Article 14: Dissolution
(1) A dissolution of the Landtag may take place upon its own motion or by the action of a committee consisting of the Minister President and of the Presidents of the Landtag and of the Council of State, or by popular referendum. A popular referendum on a question of dissolution may also be had by resolution of the Council of State.

(2) The dissolution of the Landtag upon its own motion shall require the consent of a majority of all the legal members.

Article 15: New Election
A new election must be held within sixty days after a dissolution of the Landtag.

Article 16: Legislative Period
In case of a dissolution of the Landtag the legislative term of the new Landtag shall begin on the day of the new election; in all other cases it shall begin with the expiration of the legislative term of the old Landtag.

Article 17: Sessions
(1) The Landtag shall meet at the seat of the Ministry of State.

(2) After each new election the Landtag shall assemble for its first session thirty days after the beginning of its legislative term, unless the Ministry of State convokes it at an earlier date.

(3) Thereafter the Landtag shall meet on the second Tuesday in November of each year. The President of the Landtag must call an earlier meeting, if the Ministry of State or not less than one-fifth of the members of the Landtag demand it.

(4) The Landtag shall determine the day of its adjournment and the day of its reassembly.

Article 18: Officers
The Landtag shall elect its own President, its Vice Presidents, and its other officers.

Article 19: Continuity of Business
Between two sessions, as well as prior to the convening of a newly elected Landtag, the President and Vice Presidents of the last session shall carry on its business.

Article 20: President
The President shall administer all the business affairs of the Landtag within the limits laid down by the state budget law and with the powers of a minister of state. It shall be his duty to supervise the work of all officials and employees of the Landtag, to engage and dismiss all paid employees, and also, in conjunction with the other officers of the Landtag, to appoint and dismiss the civil service officials of the Landtag. He shall represent the state in all legal business and legal actions involved in his administration. He shall exercise powers of discipline and police within the Landtag building.

Article 21: Quorum
(1) There shall be a quorum of the Landtag when a majority of the legal membership are present.

(2) The rules of procedure of the Landtag may permit exceptions in the case of elections held by it.

Article 22: Majority Vote
(1) Resolutions of the Landtag require a simple majority of votes.

(2) Exceptions to this rule may be prescribed by law, and in the case of elections by the standing orders.

Article 23: Sessions Public
Plenary sessions of the Landtag shall be public. Upon the request of fifty deputies, the Landtag may by a two-thirds majority vote exclude the public for the consideration of special matters on the calendar. Such request shall be dealt with in secret session.

Article 24: Presence of the Ministry
The Landtag and each of its committees may demand the presence of every minister. The ministers and their deputies shall have access to the sittings of the Landtag and of its committees. They may speak in the Landtag at any time regardless of the order of the day. They are subject to the rulings of the presiding officer.

Article 25: Committees
(1) The Landtag shall have the right to, and upon the proposal of one-fifth of its members must, set up committees of investigation. These committees shall in public sitting inquire into such evidence as they or the petitioners consider necessary. The public may be excluded by a two-thirds majority vote. The rules of procedure shall regulate their business and determine the number of their members.

(2) The courts and administrative authorities are required to submit evidence requested by these committees; upon their demand the records of the authorities shall be laid before them.

(3) The provisions of the criminal code shall apply, as far as may be, to the inquiries of committees and of the authorities assisting them; nevertheless, the secrecy of the postal, telegraph and telephone services shall remain unaffected.

Article 26: Standing Committee
The Landtag shall appoint a standing committee for the protection of the rights of the representative body over against the Ministry of State, for the period between sessions, and between the expiration of a legislative term or a dissolution of the Landtag and the convening of a new Landtag. This committee shall have the powers of a committee of investigation. Its composition shall be regulated by the rules of procedure.

Article 27: Memorials
The Landtag may transmit memorials, addressed to it, to the Ministry of State and may demand from the Ministry information concerning petitions and remonstrances that are filed with it.

Article 28: Compensation
(1) Members of the Landtag shall have the right of free transportation on all German railways included within the former Prussian-Hessian railroad system, as well as the right to compensation. In addition to this the President of the Landtag shall receive an allowance for official expenses during his term of office.

(2) Refusal of compensation shall not be permitted.

(3) Detailed regulations shall be prescribed by law.

Article 29: Legislative Authority
(1) The Landtag shall have legislative authority within the limits prescribed by the constitution; it shall approve the budget of revenues and expenditures; it shall determine the principles according to which state affairs shall be administered, and shall supervise their execution. State treaties require the consent of the Landtag if such treaties relate to matters within the scope of its legislative power.

(2) The Landtag shall determine its own rules of procedure within the limits of this constitution.

Article 30: Amendments
A resolution by the Landtag to amend the constitution shall be valid only if at least two-thirds of the legal members are present and at least two-thirds of those present consent.

Article 31: Council of State
A Council of State shall be established to represent the provinces in the legislation and administration of the state.

Article 32: Provincial Representation
(1) The Council of State shall be composed of representatives of the provinces. The following are recognized as provinces: East Prussia, Brandenburg, City of Berlin, Pomerania, the Posen-West-Prussian Mark, Lower Silesia, Upper Silesia, Saxony, Schleswig-Holstein, Hanover, Westphalia, the Rhine Province, and Hessen-Nassau.

(2) For each 500,000 inhabitants a province shall be entitled to one representative, but each province shall have at least three representatives in the Council of State. A fraction of more than 250,000 inhabitants shall be counted as equal to 500,000 inhabitants.

(3) In addition, the Hohenzollern Territories shall have one representative.

(4) The number of representatives from the provinces shall be re-determined by the Ministry of State after each general census and after any alterations of the territory of the provinces.

Article 33: Members
(1) The members of the Council of State and their deputies shall be elected by the provincial diets (in Berlin by the municipal council, in the Hohenzollern Territories and in the Posen-West-Prussian Mark by the communal diets). In the Hohenzollern Territories election shall be by majority vote; in all other cases according to the principles of proportional representation. All qualified voters over twenty-five years of age who have been domiciled in the province for one year shall be eligible for election.

(2) No person may be a member of the Landtag and the Council of State at the same time. Deputies to the Landtag must resign therefrom upon acceptance of election to the Council of State. Members of the Council of State must resign therefrom upon acceptance of election to the Landtag.

(3) Members of the Council of State shall exercise the functions of their office until their successors have qualified.

(4) A new election of members of the Council of State shall take place immediately after a new election of any provincial diet (municipal council, communal diet).

Article 34: Independence of Members
The members of the Council of State shall vote according to their independent convictions, with consideration only for the public welfare; they shall not be bound by orders or instructions.

Article 35: Privilege
No member of the Council of State may at any time be subjected to judicial or administrative prosecution, or be otherwise held responsible outside of the sittings by reason of his vote or by reason of any utterances made in his official capacity.

Article 36: State Officials
(1) Officials, employees, and workers of the state and of public corporations shall not require leave in order to exercise their functions as members of the Council of State.

(2) Payments of their salaries and wages shall be continued.

Article 37: Officers
The Council of State shall elect its presiding officer and its secretaries and their deputies, and shall regulate its order of business by rules of procedure.

Article 38: Sessions, Quorum, Votes
(1) The Council of State shall be convened for the first time by the Ministry of State. Thereafter it shall convene upon the call of its presiding officer as often as its business requires. The presiding officer shall convene the Council of State if one-fifth of its members or all the representatives of one province or the Ministry of State demand it.

(2) There shall be a quorum of the Council of State when a majority of its legal members are present. In case of voting a simple majority of the votes cast shall decide.

(3) For resolutions of the Council of State relating to Article 14, and Article 42, Paragraph 1, there must be a recorded vote.

Article 39: Sessions Public
(1) Plenary sessions of the Council of State shall be public. The Council of State may by a two-thirds majority vote exclude the public for the consideration of special matters on the calendar. A request to exclude the public shall be dealt with in secret session.

(2) The provisions of Article 24 shall apply.

Article 40: Relationship with Ministry
(1) The Council of State shall be kept informed by the Ministry of State with regard to the conduct of public business.

(2) Before their introduction bills must be submitted by the Ministry of State to the Council of State for examination and criticism. The Council of State may communicate its dissenting opinion in writing to the Landtag.

(3) The Council of State may submit bills to the Landtag through the Ministry of State.

(4) The Ministry of State must consult the Council of State or a competent committee thereof, before issuing decrees for the execution of laws of the Reich and of the state or before issuing general administrative ordinances.

Article 41: Compensation
The members of the Council of State shall receive such compensation for travel and official expenses as may be fixed by law. Refusal thereof shall not be permitted.

Article 42: Veto Power
(1) Laws enacted by the Landtag shall be subject to veto by the Council of State.

(2) The veto must be communicated to the Ministry of State within two weeks after the final vote in the Landtag and within two additional weeks must be supported by reasons.

(3) In case of veto the law must be presented to the Landtag for reconsideration. If the Landtag reaffirms its original resolution by a two-thirds majority vote, this resolution shall be final. If, however, in the reconsideration by the Landtag only a simple majority vote is obtained for the original resolution, the resolution shall be invalid, unless it be approved by a popular referendum initiated by the Landtag.

(4) The approval of the Council of State is necessary if the Landtag desires to vote expenditures which are in excess of the amounts proposed or approved by the Ministry of State. If the Council of State refuses consent, the resolution of the Landtag shall be valid only in so far as it agrees with the proposal or approval of the Ministry of State. A popular referendum shall not be applicable in such circumstances.

Article 43: Details
Detailed regulations shall be prescribed by law.

Article 44: Composition
The Ministry of State shall consist of the Minister President and the ministers of state.

Article 45: Selection
The Landtag shall elect the Minister President without debate. The Minister President shall appoint the other ministers of state.

Article 46: Policy
The Minister President shall determine the general principles of governmental policy and shall be responsible for them to the Landtag. Within these principles each minister of state shall independently carry on the branch of administration entrusted to him, and shall himself be responsible to the Landtag.

Article 47: Procedure
(1) The Minister President shall be chairman of the Ministry of State and shall conduct its business.

(2) The Ministry of State shall determine the jurisdiction of each minister of state in so far as this has not been regulated by legislative enactment. Such determinations shall be immediately submitted to the Landtag and must be altered or repealed at the request of the Landtag.

(3) Differences of opinion in respect to matters pertaining to the scope of the authority of the several ministers of state must be submitted to the Ministry of State for consideration and decision.

Article 48: Remuneration
The ministers of state shall be entitled to remuneration. Pensions and provision for dependent survivors shall be determined by special law.

Article 49: External Affairs
The Ministry of State shall represent the state in external affairs.

Article 50: Government Bills
The Ministry of State shall pass on bills which shall be presented to the Landtag.

Article 51: Ordinances
The Ministry of State shall issue ordinances for the execution of the laws in so far as this duty is not imposed upon individual ministers of state by law.

Article 52: Appointments
The Ministry of State shall appoint all officials who are directly under its jurisdiction.

Article 53: Reichsrat
The Ministry of State shall appoint delegates to the Reichsrat except when they are appointed by the provincial administrations as provided for by Article 63 of the constitution of the Reich.

Article 54: Pardons
(1) The Ministry of State shall exercise the pardoning power in the name of the people.

(2) In the case of a minister who has been condemned for malfeasance in office this power may be exercised only at the instance of the Landtag.

(3) General amnesties or discontinuance of prosecutions in special classes of criminal cases, or in a single pending criminal case, may take place only upon the basis of a law.

Article 55: Emergency Rule
If the maintenance of public safety or the meeting of an unusual emergency urgently requires it, the Ministry of State may, when the Landtag is not in session, in conjunction with the standing committee provided for in Article 26, issue ordinances not in conflict with this constitution, which shall have the force of laws. Such ordinances must be submitted to the Landtag for approval at its next session. If approval is refused, the ordinance must be immediately declared void by publication in the Law Gazette.

Article 56: Oath
The ministers of state, upon their induction into office, shall take an oath to perform their duties impartially and for the public welfare, and in accordance with the constitution and the laws.

Article 57: Confidence
(1) The Ministry of State as such and each individual minister of state must possess, in order to retain office, the confidence of the people, which is expressed through the Landtag. The Landtag may withdraw its confidence in the Ministry of State or in an individual state minister by express resolution. Such resolution shall not be valid if a popular referendum to dissolve the Landtag is legally invoked.

(2) A petition which initiates such a resolution must be signed by at least thirty deputies.

(3) Such petition shall be voted upon no earlier than the second day after its consideration. It must be acted upon within fourteen days after its introduction.

(4) A recorded vote must be taken on a question of lack of confidence.

(5) A resolution of lack of confidence shall be valid only if approval is given by at least one-half of the total membership of the Landtag at the time.

(6) If the resolution is passed, the ministers affected thereby must resign, but the Minister President must resign only if he does not avail himself of his privilege of requesting a dissolution of the Landtag or if such request is denied by the committee.1

(7) These provisions shall apply also in case the Ministry of State as a whole or an individual minister demands a vote of confidence.

Article 58: Impeachment
(1) The Landtag shall have the right to bring an action before the State Supreme Court against any minister for having willfully violated the constitution or the laws. The bill to initiate such an action must be signed by at least one hundred members of the Landtag and shall require the consent of such a majority as has been designated for changes in the constitution.

(2) The composition of the State Supreme Court, its procedure, and the decisions to be rendered by it shall be regulated by law.

Article 59: Resignation
(1) Any state minister may resign his office at any time.

(2) In the event of a resignation of the entire Ministry of State, the resigning ministers shall carry on current business until it is taken over by the new ministers.

Article 60: Publication
The Ministry of State shall publish in the Prussian Law Gazette laws constitutionally enacted and state treaties approved by the Landtag.

Article 61: Legal Effect
(1) A law shall be binding when it has been constitutionally enacted and has been published by the Ministry of State in the form prescribed. The publication shall indicate whether the law was enacted by the Landtag or by a popular referendum. Article 13 of the constitution of the Reich shall not be affected hereby.

(2) If the law does not otherwise specify it shall go into effect on the fourteenth day after its publication in the Law Gazette.

(3) The laws must be published within a month.

Article 62: Rejected Bills
Bills which are rejected by the Landtag shall not be introduced again during the session, unless a valid popular initiative so demands.

Article 63: Budget
(1) The Landtag shall vote the necessary current funds to meet the needs of the state.

(2) All revenues and appropriations of the state must for each fiscal year be estimated and incorporated in the budget. The budget must be adopted by law before the beginning of the fiscal year.

(3) The appropriations shall as a rule be voted for one year; in special cases they may be voted for a longer period. Except in such cases the budget law shall not contain provisions which run beyond the current fiscal year or which do not relate to the revenues and appropriations of the state or to their administration.

Article 64: Emergency Spending
If before the end of a fiscal year the budget for the following year has not been determined by law, the Ministry of State shall be empowered until a budget goes into effect: (a) to make all expenditures which are necessary in order:to maintain legally existing institutions and to execute legally adopted measures,to fulfill the lawful obligations of the state,to continue building operations, contracts, and other undertakings for which appropriations have already been granted in the budget of a previous year, as well as to continue under the same conditions subsidies for building operations, contracts, and other undertakings.(b) to issue, for periods of three months, treasury notes to the amount of one-fourth of the total of the previous budget, in so far as revenues derived by special laws from taxes, duties, and other sources do not cover the expenditures under clause (a).

Article 65: Credit
Funds may be procured upon credit only for extraordinary needs and as a rule only for expenditures for productive works. Such a procurement as well as the assumption of any liability by the state may be undertaken only by authority of a law.

Article 66: Additional Expenditure
Resolutions of the Landtag which authorize additional expenditures apart from the budget or which will result in such additional expenditure in the future must at the same tune specify how such additional expenditures shall be met.

Article 67: Excessive Expenditure
(1) Expenditures in excess of amounts granted by, or not included in, the budget must be approved by the Landtag within the next fiscal year.

(2) Expenditures in excess of amounts granted by, or not included in, the budget require the approval of the Minister of Finance. Such consent shall be given only in case of an unforeseen and unavoidable emergency.

Article 68: Auditing
The budget accounts shall be examined and approved by the Superior Board of Audit. The general budget accounts of each year and a schedule of state debts shall be submitted to the Landtag with a statement from the Superior Board of Audit, which shall operate to discharge the Minister of Finance from responsibility.

Article 69: State Enterprizes
Notwithstanding the provisions of Articles 63-68 the financial management of revenue-producing enterprises of the state may be regulated by law.

Article 70: Local Autonomy
Municipalities and groups of municipalities have the right of local autonomy in their affairs under the supervision of the state as may be determined by law.

Article 71: Divisions
(1) The state shall be divided into provinces.

(2) The division of the provinces into circles, cities, rural municipalities, and other groups of municipalities as well as the constitution, rights, and duties thereof shall be regulated by law.

Article 72: Provincial Autonomy
(1) In accordance with the provisions of law and through their own agencies: (a) the provinces shall administer independently their own affairs, whether imposed upon them by law or voluntarily assumed by them (matters of local autonomy); (b) the provinces shall, as executive agencies of the state, administer those state affairs which have been devolved upon them (delegated matters).

(2) The law may extend the sphere of matters of local autonomy assigned to the new provinces and may devolve delegated matters upon them.

Article 73: Additional Languages
The provincial diets may, by provincial legislation, permit, in addition to German, the use of another language: (a) as a language of instruction for foreign language parts of the population, provided the protection of German minorities is safeguarded; (b) as another official language in multiple language districts.

Article 74: Electoral Principles
The fundamental principles applying to elections to the popular representative bodies shall apply also to elections to provincial, circle, and municipal representative bodies. Nevertheless, in the case of elections to municipal representative bodies, the election qualification may by law be made to depend upon a specified period of residence in the municipality.

Article 75: State Officials
(1) Officials, employees, and workers of the state and of public corporations shall not require leave in order to exercise their functions as members of a provincial, circle, or municipal representative body.

(2) Payment of their salaries and wages shall be continued.

Article 76: Apostasy
(1) Any person who desires to withdraw from a public corporate religious association exercising civic functions shall make a declaration of withdrawal before a court or shall file a personal declaration duly sworn to. The tax liability of the person who withdraws shall not be extinguished before the end of the tax year in which the declaration of withdrawal is made.

(2) Detailed regulations shall be prescribed by law.

Article 77: Eligibility
(1) Any citizen of the Reich, without regard to sex or previous occupation, may, if he possesses the qualification for the office, be appointed a state official.

(2) The necessary qualification for specific offices shall be prescribed by law.

Article 78: Oath
Every state official must take an oath that he will discharge the duties of the office entrusted to him impartially and according to his best knowledge and ability, and that he will conscientiously uphold the constitution.

Article 79: Rights of State Officials
(1) State officials may not, against their will, be temporarily or permanently retired upon pension, or transferred to another position with a lower salary except under conditions and according to forms prescribed by law.

(2) Resort to legal process shall be permitted for the prosecution of the lawful salary claims of state officials and of their dependent survivors.

Article 80: Law of Officers
In addition the law of officers shall be determined by legislation in accordance with the law of the Reich.

Article 81: Existing Law
(1) The constitution of January 31, 1850, and the law of March 20, 1919, relating to the provisional organization of public powers in Prussia are hereby repealed.

(2) All other existing laws and ordinances not in conflict with the provisions of this constitution shall remain in force.

Article 82: Former Royal Powers
(1) The powers which according to previous laws, ordinances, and treaties were vested in the King are hereby transferred to the Ministry of State.

(2) The rights which pertained to the King as temporal head of the Established Church of Prussia shall be exercised by three ministers of the evangelical faith appointed by the Ministry of State, in so far as the evangelical churches have not by ecclesiastical laws, approved by state law, transferred such rights to church authorities.

(3) All other rights hitherto exercised by the King as against religious associations shall be regulated anew in accordance with Article 137 of the constitution of the Reich.

Article 83: Annulment of Patronages
At the instance of any interested party an existing patronage shall be annulled as soon as lawful financial obligations shall have been canceled. The procedure and the principles for the cancellation shall be prescribed by law.

Article 84: Existing Taxes
Existing taxes and duties shall continue to be levied until altered or repealed.

Article 85: Provisional Landtag
Until the convening of the first Landtag the Constituent Assembly shall function as the Landtag.

Article 86: Provisional Local Officers
Until the legislation provided for in Article 72 goes into effect, the superior presidents, the regional presidents, and the presiding officers of the provincial education council and of the bureau of agriculture shall be appointed in agreement with the provincial committee.

Article 87: Constitutional Disputes
Constitutional conflicts shall be decided by the State Supreme Court.

Article 88: Effect
This constitution shall be in force from the date of its publication except for Articles 31-43, 72, and 86. These Articles shall not be in force until the provincial diets shall have been newly elected as provided by Article 74.

BERLIN, November 30, 1920.