Some Problems of Church and State in the Weimar Constitution
Jan Ginter Deutsch
BECAUSE the United States was a comparatively new nation when its constitution drafted, it could in many areas-among which church and state is one of most important-embark upon revolutionary political social experiment without having to clear away debris left by previous builders. The compromises crystalized Weimar constitution, on other hand, represented but stage lengthy process interaction had already molded both state. Consequently, although Philadelphia documents were products revolution, any examination historical background 1919 provisions should serve not only make they contained more explicable, simultaneously demonstrate why two situations cannot be equated.' delicate structures embody institutional compromises, unlike Scottish castles, rarely survive trans-Atlantic voyages. In Germany, role religion churches inextricably connected with rise nation-state itself. During Middle Ages, for example, because territorial magnates who controlled vast tracts land under nominal authority Holy Roman Emperor fact competing centers secular authority, forced turn officials performance imperial administrative tasks. This tradition, deriving from time Carolingian Renaissance ninth century, resulted so close relationship between that Papal efforts reform German eleventh century-aimed at achievement independence-inevitably led open conflict Emperors. ensuing victory complete, ruling Hohenstaufen line been literally exterminated 1268, resultant weakening central played significant permitting centrifugal elements prevent unification Germany until well into nineteenth century. heritage state, furthermore, play an important history period immediately following unification.
Yale Law Journal|bepress Legal Repository (Bepress (United States))|bepress Legal Repository (Bepress (United States))|bepress Legal Repository (Bepress (United States))|bepress Legal Repository (Bepress (United States))