The Bundesrat ("Federal Council") was the highest legislative body in the German Empire (1871–1918). Its members were appointed by the governments of Germany's constituent states to represent their interests in the German parliament. The popularly elected Reichstag was the lower house. The Constitution of the German Empire required that both the Bundesrat and the Reichstag approve laws before they came into force. The Bundesrat was responsible for the enactment of the laws, administrative regulations and the judicial resolution of disputes between constituent states. Its approval was required for declarations of war and, with certain limitations, the conclusion of state treaties.
The chairman of the Bundesrat was the chancellor, who was appointed by the emperor. Constitutionally, his only functions were to chair the Bundesrat's meetings and implement its resolutions. He had neither a seat nor a vote in the chamber and could not propose legislation. In practice, however, the chancellor was almost always the minister president of Prussia as well. As Prussian minister president, the chancellor could act as a member of the Bundesrat and introduce legislation.
The predecessor of the German Empire, the North German Confederation (1867–1870), had a Bundesrat that was carried over to the newly united Germany with little change. Emperor Wilhelm I (r. 1871–1878) wished to rename the Bundesrat to the "Reichsrat", but his chancellor, Otto von Bismarck, convinced him that the federal character of the Empire should continue to be emphasized. The name therefore remained "Bundesrat".
Powers
The emperor summoned and closed the Bundesrat. It had to be summoned once each year or whenever one-third of the Budesrat's members requested it. It could be in session when the Reichstag was not, but the Reichstag could not convene without the Bundesrat also being in session (Art. 12).
The Bundesrat combined legislative and executive powers in accordance with the constitution and imperial laws. It was thus a constitutional hybrid that was also entrusted with limited judicial powers. Its legislative and executive functions were: participation on an equal footing with the Reichstag in legislation (Art. 5) participation in declarations of war and, with certain limitations, the conclusion of state treaties (Art. 11) deciding with the emperor on the dissolution of the Reichstag (Art. 24) enactment of legal ordinances and general administrative regulations (Art. 7) determination of deficiencies within the framework of federal oversight (Art. 7) decision on the initiation of a Reichsexecution, by which the emperor could force a member state that did not fulfil its duties to the Empire to do so (Art. 19)
The Bundesrat had no specifically enumerated military competence under the imperial constitution.
The constitution of the German Empire did not provide for a constitutional court. Bismarck's solution was similar to that of the German Confederation (1848–1866) in that the constitution he drafted assigned certain quasi-judicial tasks to the Bundesrat: resolution of disputes between constituent states that were not of a private legal nature (Art. 76) settlement of constitutional disputes within the constituent states (Art. 76) judicial assistance in the event of denial of justice in a constituent state (Art. 77)
After Alsace–Lorraine was given more autonomy in 1877, its Territorial Committee () made the laws for the formerly French region. The Bundesrat had to approve the laws before they were formally enacted by the emperor.
Mode of operation
Representatives and votes
Each member state had at least one vote and could submit proposals to the Bundesrat. If the state had more than one vote, they had to be cast uniformly since it was the constituent state that voted, not an individual authorized representative voting as he wished. A simple majority of the votes cast (not of all possible votes) was required for a motion to pass. In the event of a tie, the Prussian votes were decisive (Art. 6).
A representative could be a state minister, but it was not required. Bismarck wanted to have state ministers in the Bundesrat in order to enhance its position, but many constituent states appointed civil servants or their state envoys in Berlin (constituent states were still allowed to have their own foreign missions, including within the Empire). Prussia increasingly appointed not only its state ministers but also state secretaries of federal departments (who were equivalent to ministers) as its representatives in the Bundesrat.