Wednesday, October 23, 2024

Do We Have a Good Constitution?

Last Monday, Prof. Rainer Wahl gave a lecture at the Museumsgesellschaft titled: 75 Jahre Bundesrepublik: Haben wir eine gute Verfassung? Sind wir in einer guten Verfassung? (75 years Federal Republic: Do we have a good constitution? Are we in a good constitution?)

On previous anniversaries of our Basic Law (Grundgesetz GG), it was said to be a success story, a stroke of luck, and the best constitution in Germany. In the meantime, judgments have become more restrained because a successful constitutional practice also determines a good overall assessment.

Professor Wahl began his talk by discussing the unique features of the creation of the Basic Law. The founding phase of the Federal Republic is an exceptional case of transforming a dictatorship into a democracy.

Our constitution was not created from nothing; the National Assembly in Frankfurt had already defined and written down fundamental rights in 1849. These texts were then adopted by the Weimar Constitution in 1919 and updated in the Basic Law of the Federal Republic of Germany.

The years 1947 and 48 saw dramatic changes in the world; the Iron Curtain fell, and the Soviets blocked the access routes to Berlin (Berlin Blockade). Meanwhile, the Western Allies helped their occupation zones develop into a constitutional state and a democracy under their control. On May 8, 1945, the day of defeat, there were no millions of democrats, nor were there any on May 23, 1949, when the Basic Law was passed.

How can a defeated people, after 12 years of Nazi dictatorship, suddenly vote on a democratic constitution?

The founding fathers and a few mothers were wise and made the newly founded federal states vote on the constitution, with Bavaria being the only state not to agree to the Basic Law.

In the discussion that followed the lecture, I said that this voting method was also a stroke of luck, as was the adoption of the Basic Law when the East German states were integrated into the Federal Republic. It had to happen quickly. A referendum, or, as many thought, a new version of the Basic Law, could have easily closed the window of opportunity for the reunification process.

The new beginning in West Germany after the war was boosted economically by the Marshall Plan and accelerated by the Korean War in 1950. Things were looking up. And suddenly, Germany served in the East-West conflict in the eyes of the Western Allies, not only as a buffer zone but Germans were in demand as soldiers.

In the second part of his lecture, Professor Wahl addressed the vitality of the Basic Law. A democracy needs democrats, i.e., citizens who support democracy and are committed to the common good.

The years up to 2022 were the best the Federal Republic of Germany has lived through. There was cheap energy from Russia and free access to the world market; for example, China and we Germans basked in the military protection of the United States at no significant cost.

Suddenly, everything came together. There is no longer any cheap energy, but the need for renewable energies due to the climate crisis is associated with enormous investments that cost money.

Markets are increasingly closing off. So trade with China, for example, is becoming increasingly difficult. On the other hand, if China does not produce and export enough and therefore cannot fully employ its population, this can lead to social tensions in the giant country, a development whose consequences no one can foresee.

The 2% of gross national product we have painstakingly scraped together for our defense is insufficient. If we must become more independent of the USA in the military sector, 3% is the minimum required to adequately equip the Bundeswehr.

Even now, the number of refugees in Germany is barely manageable. The trend towards further increases in refugee numbers is likely to continue.

Professor Wahl asked, "How can all this be achieved without sacrificing prosperity?"

In the past, under the Kohl administration, many problems in Europe were covered up with German money. The Federal Republic is in dire straits and so Prof. Wahl quoted from Schiller's Don Carlos: "Die schönen Tage in Aranjuez sind nun zu Ende. (The good days at Aranjuez have now ended."

But which party, which politician, says that more challenging times are coming? If the problems continue to be glossed over, this is just grist to the mill of populist right-wing or left-wing parties that have no solutions to offer.

Professor Wahl ended his lecture by proposing a realistic discussion about the status quo and possible future developments. Germany needs renewed confidence in its ability to perform.

The ensuing discussion escalated into assessing the world situation and what-if arguments. I suggested a return to the Basic Law, the original topic of the evening.

Click the table to see clear (©EU)
I asked why Germany, with around 60% national debt, has a Schuldenbremse (debt brake) in its constitution, while in other countries, such as France and Italy, national debts are well over 100% and rising. The USA also regularly reaches its debt ceiling.

Apart from the fact that we don't want to leave a mountain of debt to our grandchildren, what is the advantage of this debt brake?

The only answer from the audience was, "We get our loans cheaper." Yes, Germany's credit rating. Red Baron wasn't paying much attention; otherwise, he could have responded with the counter question, "If we don't incur debt, why do we need loans?"

Well, it's all more complex than it's being presented here. But aren't we walking like sleepwalkers into a major economic crisis?
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