April 27, 2014 by freesoul4europe
…without applying the original text of Article 146 GG
It seems most people believe everything they are told, especially when given an extra “holiday,” and they are told by “snob-rule” governing Elites in Berlin and Karlsruhe that “Germany achieved national unity in 1990 by using without applying Article 146 GG—claimimg “Article 23 GG was the fastest legal way.” But they lie: There was a very different reason why Article 23 GG disappeared, why these “elites” then claimed to “amend” Article 146 GG and the Preamble of this Basic Law, and why they claim “the Basic Law became the constitution.” Read the following and see clearly for yourself that the German people have in fact not “achieved national unity” and that there is instead a stealthy ongoing coup-plot—seeking to abolish the free democratic basic order (existence) of the Federal Republic of Germany and European Union—supplanting this Basic Law and international treaties with a supranational fascist totalitarian regime, (i.e., a fascist totalitarian European community), not unlike the Third Reich.(Grundgesetz–GG) for the Federal Republic of Germany”
NOTE: A fascist totalitarian regime is always a group of friends that appoint one another to positions in government, use “government power and authority” to protect themselves from accountability and disrespect human dignity.
In a nutshell, these Elites have been traitorously violating, obfuscating and alienating the rule of law for over 45 years—fraudulently claiming to have “amended” this Basic Law over 65 times (with illegal “legislation/amendments/supplements”), tampering with international treaties and always refusing to relinquish their dictatorial (illegitimate) “authority”.
In 1990 the political and legal Elites of the Federal Republic of Germany (FRG) and the(DDR), two states coloquially known as ‘West Germany’ and ‘East Germany,’ discussed the drafting of a constitution to be followed by a plebiscite (a referendum) for “unification” as provided for in Article 146 and Article 20 paragraph 2 of the Basic Law for West Germany.
Article 146 Basic Law for the Federal Republic of Germany This Basic Law shall cease to be in force on the day on which a constitution that is adopted by a free decision of the German people [a referendum] comes into force.
Article 20 Basic Law for the Federal Republic of Germany (2) All state authority emanates from the people. It shall be exercised by the people by means of elections and other votes [referendums] and by specific legislative, executive and judicial organs.
NOTE: Article 146 GG makes a distinct difference between “this Basic Law” and “a constitution,” (i.e., “this Basic Law” is not “a constitution”), and also makes clear that “this Basic Law “may only be replaced by “a constitution” adopted under the provisions of Article 146 GG and Article 20 paragraph 2 GG. In addition, the requirement in Article 146 GG and Article 20 paragraph 2 GG to adopt a constitution by means of a referendum is one of “the basic principles” of Article 20 GG protected by Article 79 paragraph 3 GG, i.e., the eternity clause.
But then Wolfgang Schäubles and other elites in West Germany insisted that the DDR accede to West Germany under Article 23 GG instead of applying Article 146 GG and Article 20 paragraph 2 GG. These Elites coerced the DDR into becoming subject to the authority of the Basic Law for West Germany by claiming “a perceived threat from the Soviet Union,” (i.e., that there was no time to draft and adopt a constitution), and that “the Basic Law had proved to be effective for West Germany.” In speaking of “the Basic Law” these Elites were in fact speaking of their illegal “legislation/amendments/supplements” used to supplant “this Basic Law” as seen in Article 23 GG, Article 79 GG and Article 146 GG. Nevertheless, the result (over 20 years later) is that both the FRG and DDR are today governed by “this Basic Law,” not by a constitution.
NOTE: It could be easily argued that the people of the DDR were defrauded, (as the people of West Germany have been defrauded), i.e., told that they have a Basic Law that guarantees human rights, but they are in fact deprived of their rights. Their rights are ignored – not enforced – not upheld.
The fact is that the FRG is operated in the same way China is — by a group of friends that dictate to the masses. The FRG “government” may at first glance look sanitary (inside and out), but in reality political and legal Elites in the FRG are as disrespectful of human rights as China’s proletariat and courts are. Obviously, the three organs of the FRG’s “government” (legislative, executive and judiciary) are no longer able to conceal their disrespect for the Republic and human rights, i.e., conceal their violations and alienation of the rule of law.
History of Article 146 GG
The hope and intention of the Parlamentarische Rat (Parliamentary Council) of 1949 was for an ultimate unification of all the post-war provincial German territories by applying Article 146 GG, i.e., “a constitution adopted by a free decision of the German people,” including a free decision by the German people in the east controlled as part of the Soviet Bloc. It is in fact for this reason that the Parlamentarische Rat did not draft a constitution in 1949, but chose to draft “this provisional (temporary) Basic Law for West Germany,” having the force and effect of constitutional law, but without the formal enactment of a constitution. The temporary purpose (intent) of “this Basic Law” can easily be seen in Article 146 GG, i.e., obviously “this Basic Law” is not “a constitution.” With Article 146 GG the Parlamentarische Rat made very clear that the FRG was not to be a definite state for the German people.
The FRG (West Germany) was provisionally (temporarily) established under “this Basic Law” in 1949 from eleven Länder (federal states) which were at that time occupied by the Western Allies. The Parlamentarische Rat made very clear in Article 23 GG that “this Basic Law” would apply to the eleven Länder listed in Article 23 GG and would also apply “in other parts of Germany” upon those parts’ “accession” to the FRG. There is no indication in Article 23 GG of any specific “parts of Germany” nor of any number of “parts” fewer than all of post-war Germany’s provincial territories. There is no mention of unification or reunification of Germany, only of “accession” to the FRG, i.e., without the German people in those “parts” participating in the negotiation of “this Basic Law” for the FRG. It is for these reasons that these “elites” quickly claimed to “repeal” Article 23 GG and “amend” Article 146 GG and the Preamble of “this Basic Law.” It is not legal to repeal and amend Articles of “this Basic Law” so as to cover up willful violations of “this Basic Law.” Therefore Article 23 GG is a legal and intrinsic part of “this Basic Law,” not “repealed” as these Elites claim. Article 23 GG reads as follows:
Article 23 Basic Law for the Federal Republic of Germany
For the time being, this Basic Law shall apply in the territory of the Länder of Baden, Bavaria, Bremen, Greater Berlin, Hamburg, Hesse, Lower Saxony, North Rhine Westphalia, the Rhineland Palatinate, Schleswig-Holstein, Württemberg-Baden, and Württemberg-Hohenzollern. In other parts of Germany it shall be put into force on their accession.
What is notably missing from Article 23 GG is a requirement for a decision by the German people. And in fact there is no requirement in Article 23 GG for a decision, none whatsoever, not by means of a referendum nor by any federal legislature. The fact that there is no decision required in Article 23 GG makes it very clear that these “elites” did not have “state authority,” (i.e., the “state authority” of Article 20 paragraph 2 GG), to make a decision that “Germany had achieved national unity.” In fact these Elites have been willfully opposing the mandate of “this Basic Law”—refusing for over two decades to call for a constitutional convention to draft a new constitution (the last one was the Weimer Constitution) for consideration by the German people.
NOTE: The Bundestag (Federal Legislature) is not a constitutional convention and it is only by a constitutional convention that a new constitution can be drafted for consideration by the German people. It was the Bundestag that claimed to “repeal” Article 23 GG and to “amend” Article 146 GG and the Preamble of “this Basic Law,” and in doing claimed that “Germany achieved national unity” without applying Article 146 GG—traitorously violating the mandate of “this Basic Law.” The claim to have “repealed” Article 23 GG and “amended” Article 146 GG was not the drafting of a new constitution, but willful violations of the rule of law—willfully violating domestic and international law. The fact is that a decision for post-war Germany’s unification is for the German people to decide “by means of” a constitutional convention and a referendum, not by these political and legal Elites.
And in fact, these Elites knew in 1990 that Article 23 GG was intended by the Parlamentarische Rat (Parliamentary Council) in 1949 only for “accession” to the FRG under the temporary “Basic Law.” These Elites knew full and well in 1990 that the “accession” of the DDR to the FRG was only to temporarily subject the German people from the DDR to the authority of “this Basic Law,” i.e., until Article 146 GG was applied. For example, when the Saar Protectorate in 1957 declared its “accession” to the FRG, as provided for by Article 23 GG, no drafting of a constitution or achievement of Germany’s unification had been discussed. It had only been agreed that the Saar Protectorate would become the twelfth Länder of the FRG (West Germany), and thus become subject to the authority of the temporary Basic Law for the FRG.
NOTE: The Saar area had been included within the First French Empire as the “département Sarre“ between 1798 and 1814, and (after much manipulation by Hitler) acceded to the Third Reich in 1937 without having taken part in the negotiation of the Weimer Constitution of 1919. In the same way, the people of the Saar Protectorate and the DDR did not take part in the negotiation of the Basic Law for the FRG in 1949. The people of the DDR were not even afforded a referendum for “accession” to the FRG as the people of the Saar Protectorate were in 1957. The “accession” of the DDR to the FRG with the claim of “a perceived threat from the Soviet Union” amounts to nothing more than a selfish grab, including by Elites from the DDR, not for “unification” or “reunification,” but for themselves, i.e., these Elites today prefer claiming their permanence of this provisional (temporary) Basic Law.The facts are that the people of East Germany did not take part in the negotiation of the Basic Law for West Germany (‘FRG), and that Germany will not achieve unity as a nation until “a constitution adopted by a free decision of the [referendum] comes into force.” It was very clear in 1990 when reading Article 146 GG and Article 20 paragraph 2 GG in that the only provision in “this Basic Law” for German unification was in applying Article 146 GG and it was for this reason that the “elites” (in both the FRG and DDR) were at first discussing the drafting of a constitution in accordance with Article 146 GG and Article 20 paragraph 2 GG. They knew this was the only legal way.
There is nothing in Article 23 GG that permitted state authority, after the “accession” of the DDR to the FRG, to declare in 1994 that “On 3 October 1990 Germany achieved national unity.” Besides, there are still provincial post-war territories that the Parlamentarische Rat intended for “accession” to the FRG and to then be included in unification under “a constitution” enacted by means of Article 146 GG and Article 20 paragraph 2 GG. There is no number of “parts of Germany” identified in Article 23 GG which permits these Elites to declare that “Germany achieved national unity.” In fact, West Germany is united as a nation, but not post-war Germany, nor a new form of Germany.
“Accession” of the Saar Protectorate to West Germany in 1957 did not achieve “national unity” nor is any “accession” of a part of former Germany a legal basis to declare that “the Basic Law became the constitution.” There is nothing in Article 23 GG or anywhere else in “this Basic Law” which speaks of or implies that with the “accession” of post-war provincial territories that “Germany achieved national unity” and that “the Basic Law became the constitution.” That is because the only provision for a constitution and Germany’s unification is in the original text of Article 146 GG. There was in 1990 and is today no other provision in “this Basic Law” to adopt a constitution, nevertheless these political and legal Elites, beginning with President Roman Herzog in 1994, have been fraudulently claiming that “the Basic Law became the constitution.”
NOTE: President Herzog was in the executive organ (branch of government) and was, therefore, not permitted by “this Basic Law” to make legislation, nor was he permitted to pass an executive or administrative order that opposes the mandate of “this Basic Law”. But President Herzog nevertheless stated three times within the “foreward” published in 1994 that “this Basic Law the constitution,” and he did so after Elites claimed to “repeal” Article 23 GG and “amend” Article 146 GG and the Preamble of “this Basic Law.” President Herzog also did so without a complaint being made by other Elites. Their fraudulent “foreward” reads as follows:
“Foreward by the Federal President:
On 3 October 1990 Germany achieved national unity. By virtue of a sovereign, conscious decision of the people, the Basic Law became the constitution for the whole nation. The successful democratic revolution in the former German Democratic Republic had achieved its goals: human dignity, civil rights, fundamental freedoms and democracy for the entire German people in a society based on the rule of law tempered by social justice.
We overcame the division of Germany within the wider framework of a radical transformation in Europe. The creation of the European Union entails new challenges and opportunities for us all. Both our country’s increasing integration and the completion of its national unity were bound to have repercussions on our constitutional law. The fact that only adjustments were necessary attests to the Basic Law’s excellent quality as the foundation of our polity from its inception. Its liberal, democratic, federal and welfare elements enabled our country to acquire economic prosperity and social security while maintaining internal stability.
The constitution can only set the standards and provide a framework of law and order. It cannot solve specific problems directly. If it is not to be rendered insignificant it must remain committed to fundamental principles.
The Basic Law has proved its worth. It is the most liberal constitution the Germans have ever had and has served as a model for many other democratic constitutions. We Germans have every reason to be proud of our Basic Law and to defend it to the best of our ability.
Bonn, November 1994
“This Basic Law” is the formal rule of law for the Federal Republic of Germany, and the only other republic the German people have ever had was the pre-Nazi Republic established in the Weimer Constitution of 1919. The Weimer Constitution was the only and last constitutional republic of the German people. There has been no other republican constitution, and the vast majority of the German people today do not know that the snob-rule Elites in Berlin and Karlsruhe, (that claim their use of Article 23 GG and illegal “amendments” to “this Basic Law” have converted “this Basic Law” into “the constitution”), are fraudulently claiming “authority”—acting arbitrarily (illegitimately)—moving against the rule of law—surreptitiously blocking the drafting and adoption of a new constitution in favor of their corrupted law—corrupting the formal identity of the German people.
You will notice when reading the claimed “amendments” of Article 146 GG and the Preamble of “this Basic Law” below that neither of these two texts claim that “this Basic Law” is now “the constitution,” as President Roman Herzog claimed three times in his “forward” in 1994. President Herzog’s “foreward” is in fact utterly false. The claimed “amendment“ of Article 146 GG reads as follows. The added part is bolded:
Article 146 “This Basic Law, which since the achievement of the unity and freedom of Germany applies to the entire German people, shall cease to apply on the day on which a constitution freely adopted by the German people takes effect.”
This claimed “amendment” above does not claim or imply that “this Basic Law” is a constitution. In fact, nowhere in “this Basic Law,” including in the original Preamble and claimed “amendment” of the Preamble does it say or imply that “this Basic Law” is a constitution. The claimed “amendment” of the Preamble in 1990 is as follows, deleted parts stricken, added parts are bolded:
“Conscious of their responsibility before God and man,
animated by the will
to preserve its national and governmental unity and to serve the peace of the world as an equal member of a united Europe, the German people
in the states of Baden-Württemberg, Bayern, Berlin, BrandenburgMecklenburg-Vorpommern, Niedersachsen, Nordrhein-Westfalen, Rheinland-Pfalz, Saarland, Sachsen, Sachsen-Anhalt, Schleswig-Holstein,
Württemberg-Baden , and Württemberg-Hohenzollern, and Thüringen,
has by virtue of its constituent power
resolved on given itself this Basic Law for the Federal Republic of Germany so as to give governmental life a new order for a transitional period. It has also acted for those Germans to whom participation was denied. The whole German people remains challenged to complete the unity and freedom of Germany in free self-determination.
This Basic Law thereby applies to the whole German people.“
In what appears to be yet another version of the Preamble published by the Bundestag on the internet (see below) it says that “Germans have achieved the unity and freedom of Germany in free self-determination” and that “this Basic Law thus applies to the entire German people.” Notice that there is no claim in the “Preamble” below that “the Basic Law became the constitution,” as claimed in their “foreward” today.
“Conscious of their responsibility before God and man,
Inspired by the determination to promote world peace as an equal partner in a united Europe, the German people, in the exercise of their constituent power, have adopted this Basic Law. Germans in the Länder of Baden-Württemberg, Bavaria, Berlin, Brandenburg, Bremen, Hamburg, Hesse, Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Rhineland-Palatinate, Saarland, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have achieved the unity and freedom of Germany in free self-determination. This Basic Law thus applies to the entire German people.”
The text of the Preamble after the “accession” of the Saarland in 1957 reads as follows, and as you can see it does not claim that “Germany achieved national unity.” Also, the text of the Preamble below acknowledges that the German people in the DDR and other post-war provincial territories east of the DDR had not participated in the negotiation of “this Basic Law.” It is precisely for this reason that the Parlamentarische Rat specifically required the application of Article 146 GG for an ultimate unification/reunification of Germany.
NOTE: “Accession” under Article 23 GG was not a prerequisite for unification, but a provision for post-war territories to accede to the FRG while waiting for unification by means of formally adopting a constitution under Article 146 GG.
These Elites also claim that Article 23 GG was “repealed” and that Article 146 and the Preamble of “this Basic Law” were “amended” to placate the Soviet Union and Poland regarding their claims to lands east of the DDR that had been ceeded by the Western Allies to Russia and Poland in the Potsdam Agreement. In other words, these Elites claim that they sacrificed, (i.e., cut off), all of the Weimer Germany post-war provincial territories east of the DDR to assure that the Soviet Union and Poland would not interfere in the DDR’s “accession” to the FRG. By claiming to “amend” Article 146 GG and the Preamble of “this Basic Law” these Elites in fact illegally informed the Soviet Union and Poland that there would be no more claims to post-war lands east of the DDR—cuting off 23.8% of the former Weimer Republic’s lands—willfully violating the mandate of “this Basic Law”.
Cutting off these post-war provincial territories by claiming to “amend” Article 146 and the Preamble of “this Basic Law” so that West Germany could acquire East Germany, (i.e., claiming that they had “achieved the unity and freedom of Germany in free self-determination”), was unlawful. By doing so these Elites willfully violated the intent of the Parlamentarische Rat seen in the original text of Article 146 GG (above), which requires “a constitution adopted by a free decision of the German people,” a decision to be made with a plebiscite (referendum), including affording Germans who have a lawful claim to land occupied by Russia and Poland to participate (vote) in the decision. These political and legal Elites will tell you that it was a compromise that they had to make hastily and that they did so for the “entire German people” and with the authority of “the German people.” But that simply is not true. As written at the beginning of this post, there is a very different reason (a very sinister reason) why the German people have not been afforded opportunity to adopt a constitution in accordance with Article 20 paragraph 2 GG and Article 146 GG.
This post is in progress. Please check back for additional content.
Judges in the Bundesverfassungssgericht (Federal Constitutional Court) for the first time ….. 2004 ….. (Basic Law ……. constitution)
And these traitorous violations of Article 20 paragraph (3) GG and Article 146 GG are only the tip of the iceberg, so to speak. There are numerous willful violations of “this Basic Law” being committed (beginning long before 1990 and ever increasing), arbitrary actions which thoroughly expose the criminal nature of the political and legal Elites in Berlin and Karlsruhe.
- Democracy, East Germany and the Berlin Wall (prolecenter.wordpress.com)
- Germany’s New Dictator, Angela Merkel? (lynleahz.com)
- ProSyn: Judgment Day for the Eurozone – (foreignpolicyreview.org)