Article 48 of the
Weimar Constitution of 1919

 

 

 

If a state does not fulfill the obligations laid upon it by the Reich constitution or Reich laws, the Reich President may use armed force to cause it to oblige.

 

In case public safety is seriously threatened or disturbed, the Reich President may take the measures necessary to reestablish law and order, if necessary using armed force. In the pursuit of this aim, he may suspend the civil rights described in articles 114, 115, 117, 118, 123, 124 and 153, partially or entirely.

 

The Reich President must inform the Reichstag immediately about all measures undertaken based on paragraphs 1 and 2 of this article. The measures must be suspended immediately if the Reichstag so demands.

 

If danger is imminent, the state government may, for their specific territory, implement steps as described in paragraph 2. These steps may be suspended if so demanded by the Reich President or the Reichstag.

 

Further details may be regulated by Reich legislation.

 

 

 

Here are the articles of the Weimar constitution that Article 48 allows the Reich President to suspend:

 

Art. 114. Personal freedom is inviolable. No restraint or deprivation of personal liberty by the state is permitted unless authorized by law. Persons who are arrested are to be notified at the latest on the day following their arrest which agency ordered the arrest and what reasons were given; an immediate opportunity shall be afforded to present objections to detention.

Art. 115. The residence of every German is a sanctuary for him and is inviolable. Exceptions are allowed only insofar as authorized by law.

Art. 117. The secrecy of correspondence, as well as the secrecy of postal, telegraphic and telephonic communications is inviolable. Exceptions may be allowed by Reich law only.

Art. 118. Every German is entitled within the limits of the general law freely to express his opinions by word of mouth, writing, printing, pictorial representation, or otherwise. . . There is no censorship, but the law may otherwise provide as regards cinematographic performances. Legislative measures are also permitted for the purpose of combating base and pornographic publications . . .

Art. 123. All Germans have the right to assemble peacefully and unarmed without giving notice and without special permission.

Art. 124. All Germans have the right to form societies or associations for any object that does not run counter to the criminal law . . . The same provisions apply to religious societies and bodies. . .

Art. 153. The right of private property is guaranteed by the Constitution. Expropriation of property may take place only….by due process of law