The federal council, or Bundesrath, or upper chamber of the empire, consists of delegates appointed by and representing the rulers of the various states. There are 58 members. Prussia has 17, Bavaria 6, Saxony 4, Würtemberg 4, Baden 3, Hessen 3, Mecklenburg-Schwerin 2, Brunswick 2, and each of the other states 1.
This body meets in Berlin, sits in secret, and the delegates have no discretion, but vote as directed by their state governments. Here it is that Prussia, and through Prussia the Emperor, dominates. This Bundesrath is the most powerful upper chamber in the world. With respect to all laws concerning the army and navy, and taxation for imperial purposes, the vote of Prussia shall decide disputes, if such vote be cast in favor of maintaining existing arrangements. In other words, Prussia is armed in the Bundesrath with a conservative veto! In declaring war and making treaties, the consent of the Bundesrath is required. The following articles also give the Bundesrath a very complete control of the Reichstag. Article 7 reads: "The Bundesrath shall take action upon (1) the measures to be proposed to the Reichstag and the resolutions passed by the same; (2) the general administrative provisions and arrangements necessary for the execution of the imperial laws, so far as no other provision is made by law; (3) the defects which may be discovered in the execution of the imperial laws or of the provisions and arrangements heretofore mentioned."
The Reichstag, or lower house, is elected by universal suffrage in electoral districts which were originally equal, but as we have noted are far from equal now. This house has three hundred and ninety-seven members, of whom two hundred and thirty-five are from Prussia. It sits for five years, but may be dissolved by the Bundesrath with the consent of the Emperor. All members of the Bundesrath, as well as the chancellor, may speak in the Reichstag. Nor the chancellor, nor any other executive officer, is responsible to the Reichstag, nor can be removed by its vote, and the ministers of the Emperor are seldom or never chosen from this body. This Reichstag is really only nominally a portion of the governing body. It has the right to refuse to pass a bill presented by the government, but if it does so it may be summarily dismissed, as has happened several times, and another election usually provides a more amenable body.