Federal Council

“ Sensible of the danger of a single body, and that to such a council the states ought not to intrust important rights, they considered it their duty to divide the legislature into two branches, and, by a limited revisionary power, to mingle, in some degree, the executive in their proceedings—a provision that he was pleased to find meets with universal approbation. The degree of weight which each state was to have in the federal council became a question of much agitation. The larger states contended that no government could long exist whose principles were founded in injustice ”

“ The Federal Council cannot become a public meeting, at which each official of the Ministry may, without authority and at his own good will and pleasure, give expression to his personal opinions on every question, and endeavour to secure their adoption. ”

“ The Federal Executive Council shall be the organ of the Federal Assembly entrusted with political-executive powers within the framework of the rights and duties of the Federation. The Federal Executive Council shall be responsible for the execution of the Federation's policy, the foundations of which shall be established by the Federal Assembly. ”

“ In addition, independent central federal authorities and new public law corporations and institutions directly supervised by the Federation may be established by federal legislation for matters on which the Federation has the power to legislate. Should the Federation acquire new functions in matters for which it has legislative competence, federal authorities at middle and lower levels may in case of urgent need be established with the approval of the Bundesrat and of the majority of the Bundestag. ”

“ Their regulations must ever interfere with each other, and perpetually disgrace and distract the Federal Councils. I must confess, I view the power of revision and of a negative as the corner stone of any reform we can attempt, and that its exercise by Congress will be as safe as it is useful. In a Government constituted as this is, there can be no abuse of it.—The proceedings of the States which merely respect their local concerns, will always be passed as matters of form, and objections only arise where they shall endeavor to contravene the Federal Authority. ”

“ The Council shall serve as an interagency forum to discuss problems and recommend improvements in Government management and operations and to provide advice to the Chairman on matters pertaining to the management of the Federal Government. The Council shall: (1) assist in the formulation of short- and long-range plans to promote improvements in the management and administrative systems and operations of the Federal Government ”

“ The Federation shall have legislative rights in this field insofar as a necessity for regulation by federal law exists because:
a matter cannot be effectively regulated by the legislation of individual Laender, or the regulation of a matter by a Land law could prejudice the interests of other Laender or of the Laender as a whole, or the preservation of legal or economic unity demands it, in particular the preservation of uniformity of living conditions extending beyond the territory of an individual Land. ”

“ Treaties that regulate the political relations of the Federation or relate to subjects of federal legislation shall require the consent or participation, in the form of a federal law, of the bodies responsible in such a case for the enactment of federal law. In the case of executive agreements the provisions concerning the federal administration shall apply mutatis mutandis. ”

“ Where the Federation executes laws through its own administrative authorities or through federal corporations or institutions established under public law, the Federal Government shall, insofar as the law in question contains no special provision, issue general administrative rules. The Federal Government shall provide for the establishment of the authorities insofar as the law in question does not otherwise provide. ”

“ The division of the legislative will be found essential, because, in a government where so many important powers are intended to be placed, much deliberation is requisite. No possibility of precipitately adopting improper measures ought to be admitted, and such checks should be imposed, as we find, from experience, have been useful in other governments. In the Parliament of Great Britain, as well as in most, and the best instituted legislatures in the States, we find, not only two Branches, but in some, a Council of Revision, consisting of their executive, and principal officers of government. ”

“ I must own, that I was originally of opinion it would be better if every member of Congress, or our national council, were to consider himself rather as a representative of the whole than as an agent for the interests of a particular state; in which case, the proportion of members for each state would be of less consequence, and it would not be very material whether they voted by states or individually. ”

“ Being disappointed in their expectations, the minority in the administration and all worthy citizens of this State, whose minds are well informd regreting the peculiarities of their Situation place their fullest confidence in the wisdom & moderation of the national council, and indulge the warmest hopes of being favorably consider’d in their deliberations. From these deliberations they anticipate a political System which must finally be adopted & from which will result the Safety, the honour, & the happiness of the United States. ”

“ Where the competent federal bodies are incapable of taking measures necessary to avert the danger, and where the situation imperatively calls for immediate independent action in individual pats of the federal territory, the Land governments or the authorities or commissioners designated by them shall be authorized to take, within their respective spheres of competence, the measures provided for in paragraph (l) of Article 115f. ”

“ By this means our Government will possess what it has always wanted, but never yet had, a Cabinet Council. An institution essential in all Governments, whose situation or connections oblige them to have an intercourse with other powers. ”

“ In the states, the elections are frequent, and the representatives numerous: they transact business in the midst of their constituents, and every man must be called upon to account for his conduct. In this state, the council of appointment are elected for one year. The proposed Constitution establishes a council of appointment who will be perpetual. Is there any comparison between the two governments in point of security? It is said that the governor of this state is always eligible ”

“ Upon the renewal of the requisition by the Federal authorities, Governor Griswold, on August 4, reconvened the Council, which body again recommended a non-compliance with the requisition, whereupon the Governor called the General Assembly in extra session on August 25, and in his message reviewed the situation. The General Assembly, on the same day, adopted a Report and Resolutions, extracts from which follow, and also a Declaration containing a justification of their action. ”

“ In addition to the fundamental federalism principles set forth in section 2, Executive departments and agencies shall adhere, to the extent permitted by law, to the following criteria when formulating and implementing policies that have federalism implications:
(a) There should be strict adherence to constitutional principles. Executive departments and agencies should closely examine the constitutional and statutory authority supporting any Federal action that would limit the Policy-making discretion of the States, and should carefully assess the necessity for such action. ”

“ On assuming his office the Federal President takes the following oath before the assembled members of the Bundestag and the Bundesrat:
"I swear that I will dedicate my efforts to the well-being of the German people, enhance its benefits, ward harm from it, uphold and defend the Basic Law and the laws of the Federation, fulfill my duties conscientiously, and do justice to all. So help me God." ”

“ When legislative powers exclusive to the Länder concerning matters of school education, culture or broadcasting are primarily affected, the exercise of the rights belonging to the Federal Republic of Germany as a member state of the European Union shall be delegated by the Federation to a representative of the Länder designated by the Bundesrat. These rights shall be exercised with the participation of, and in coordination with, the Federal Government; their exercise shall be consistent with the responsibility of the Federation for the nation as a whole. ”

“ Of course every new province into which Congress has been allured by the principle of implied powers has required for its administration a greater or less enlargement of the national civil service, which now, through its hundred thousand officers, carries into every community of the land a sense of federal power, as the power of powers, and fixes the federal authority, as it were, in the very habits of society. ”

“ A federal law may establish Federal Border Police authorities and central offices for police information and communications, for the criminal police, and for the compilation of data for purposes of protection of the constitution and of protection against activities within the federal territory which, through the use of force or acts preparatory to the use of force, endanger the external interests of the Federal Republic of Germany. ”

“ As we have found it necessary to give very extensive powers to the federal government both over the persons and estates of the citizens, we thought it right to draw one branch of the legislature immediately from the people, and that both wealth and numbers should be considered in the representation. ”

“ The constitutional order in the Länder must conform to the principles of republican, democratic, and social government based on the rule of law, within the meaning of this Basic Law. In each of the Länder, counties and communities, the people must be represented by a body chosen in universal, direct, free, equal and secret elections- In the communities the assembly of the community may take the place of an elected body. ”

“ Parties which, by reason of their aims or the behavior of their adherents, seek or impair or destroy the free democratic basic order or to endanger the existence of the Federal Republic of Germany shall be unconstitutional. ”