Formation of the Federal Republic of Germany

Instead of halting progress toward the political integration of the Western zones, as the Soviets apparently intended, the Berlin blockade accelerated it. In April 1949 the French began to merge their zone into Bizonia, which became Trizonia. That September a Parliamentary Council of 65 members chosen by the parliaments of the Länder began drafting a constitution for a West German government. Twenty-seven seats each in this council were held by the Social Democrats and the Christian Democrats, five by the Free Democrats, and the rest by smaller parties, including two by the Communists. The Council completed its work in the spring of 1949, and the Federal Republic of Germany (Bundesrepublik Deutschland), commonly known as West Germany, came into being in May 1949 after all the Länder except Bavaria had ratified the Grundgesetz (Basic Law), as the constitution was called to underline the provisional nature of the new state. Indeed, this document specified that it was designed only for temporary use until a constitution had been freely adopted by the German people as a whole.

The Basic Law was approved by the Western Allied military governors with certain reservations, notably the exclusion of West Berlin, which had been proposed as the federation’s 12th Land. The 11 constituent Länder of West Germany, then, were Bavaria, Bremen, Hamburg, Hessen, Lower Saxony, North Rhine–Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Baden, Württemberg-Baden, and Württemberg-Hohenzollern (the last three were merged in 1952 to form Baden-Württemberg, and in 1957 Saarland became the 10th Land).

By the terms of the Basic Law, the Federal Republic of Germany was established with its provisional capital in the small city of Bonn. The West German state took shape as a federal form of parliamentary democracy. An extensive bill of rights guaranteed the civil and political freedoms of the citizenry. In keeping with German traditions, many spheres of governmental authority were reserved for the individual Länder. The key locus of power at the federal level lay in the lower legislative chamber, the Bundestag, elections for which had to take place at least every four years. The deputies were chosen by a voting procedure known as “personalized proportionality,” which combined proportional representation with single-seat constituencies. In order to minimize the proliferation of smaller political parties that had helped to discredit democracy in the Weimar Republic, a party had to win a minimum of 5 percent of the overall vote to gain representation in the Bundestag. The Länder were represented in the upper legislative chamber, the Bundesrat, whose members were designated by the governments of the Länder, their number varying according to the states’ populations. The chancellor, elected by the Bundestag, headed the government; however, in response to the misuse of presidential power in the Weimar Republic, the constitution greatly reduced the powers of the president, who was chosen indirectly by a federal convention. The final key institution of the Federal Republic was the Federal Constitutional Court. Independent of both the legislative and executive branches, it successfully introduced into German practice for the first time the American principle of judicial review of legislation. Its seat was established in the city of Karlsruhe.

Initially, West Germany was not a sovereign state. Its powers were circumscribed by an Occupation Statute drawn up by the American, British, and French governments in 1949. That document reserved to those powers ultimate authority over such matters as foreign relations, foreign trade, the level of industrial production, and all questions relating to military security. Only with the permission of the Western occupation powers could the Federal Republic legislate or otherwise take action in those spheres. Alterations in the Basic Law required the unanimous consent of the three Western powers, and they reserved veto power over any legislation they deemed unconstitutional or at variance with occupation policies. In the event of an emergency that endangered the new West German government, the Western Allies retained the right to resume their full authority as occupying powers.