Preamble

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

Section I: The State

Article 1: The State

(1) Prussia is a republic and a member of the German Reich.

Constitution of the Free State of Prussia

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

Constitution of the Free State of Prussia

(3) The Prussian colors are black and white.

Constitution of the Free State of Prussia

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

Section II: The Powers of the State

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.

Section III: The Landtag

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.