The German Imperial Constitution, devised by Bismarck in 1871, falls far short of the Frankfurt experiment of 1848. It does indeed provide for the creation of a Reichstag, or Imperial Parliament, elected by all male citizens over twenty-five. But the Reichstag can neither initiate legislation nor secure the appointment or dismissal of Ministers. In the absence of ministerial responsibility to Parliament, which is the mainspring of our English Constitutional system, the Reichstag might be described as little more than an advisory body armed with the power of veto. Like the English Parliament in the days of Charles I.'s ship-money, the Reichstag could in the last resort refuse supplies, and so bring the machinery of government to a standstill. But this situation has never yet arisen or seemed likely to arise. The Government has ridden the Reichstag with a strong hand, turning awkward corners by concessions to the various groups in turn, and the Reichstag has responded to this treatment. Bismarck "took his majorities where he could get them"; and Prince Bülow's book contains some illuminating pages about the clever methods which that statesman adopted to "manage" his Parliaments.
Above the Reichstag is the Bundesrat or Federal Council, on which all the Federated States are represented, Prussia having seventeen members as against forty-two from the other States. The Bundesrat sits in secret; its members are selected by the different State Governments and vote according to instructions received. All Bills originate in the Bundesrat before they are submitted to the Reichstag, and are re-submitted to the Bundesrat, to be passed or vetoed, after alteration in the Reichstag. The twenty-six members of the German Federation represented in the Bundesrat comprise four kingdoms (Prussia, Bavaria, Würtemberg, and Saxony), a number of Grand Duchies and smaller ducal States, three Free Cities (Hamburg, Lübeck, and Bremen), and the Imperial Territory of Alsace-Lorraine. All these (except the last named) preserve their own local Parliaments and institutions, and the second largest, Bavaria, even preserves in peace-time, like the British self-governing Dominions, her own military organisation and has also her own postal system. But Prussia in size, influence, and military strength is by far the most important, and for practical purposes her power preponderates over that of all the other States combined. The real control of legislation naturally lies with the State which controls two-fifths of the votes in the Bundesrat, where legislation is initiated and can be vetoed; it is wielded by the Kaiser, as King of Prussia, and by his Imperial Chancellor, President of the Bundesrat and always a Prussian Minister. The Imperial Chancellor, who is the only Imperial Minister, is chosen by the Kaiser and is responsible to him alone: he countersigns all the Kaiser's orders and edicts, and has the function, it may be added, of explaining away his indiscretions.