zenship of the Empire antecedent to and independent of citizenship within a commonwealth. I have also expressed my dissent from this view, because of this very provision of the constitution, and because the inhabitants of AlsaceLorraine are citizens of the Empire without being citizens of any commonwealth of the Empire. I think the commentator Zorn is inclined to break with the others upon this point. He, through his study of the American and Swiss systems upon this subject, has been able to preserve himself, in some degree, from elevating a mere historical custom to a scientific necessity.1

The commonwealths may still exercise concurrent power upon this subject, under the modification always that the Imperial legislation will displace and exclude that of the respective commonwealths when directed to the same point.

7. Legislation in respect to Medical and Veterinary Practice. The constitution confers upon the Imperial legislature the power to regulate the whole subject of medical and veterinary practice within the Empire.3 This is a most sweeping provision, and has no limitation, as von Rönne remarks, save in the consciousness of the Imperial legislators as to the necessity or usefulness of the measures they may enact.1

The commonwealths may also exercise legislative power upon this subject, under the limitation of Article 2, to which allusion has been so often made.

8. Legislation in respect to Revenue and Expenditures.

The constitution confers upon the Imperial legislature the power to regulate the customs, and the excises upon domestic productions of salt, tobacco, spirituous liquors, beer, sugar and syrup. It may levy taxes to any amount upon all articles exported or imported, for purposes of revenue or

1 Zorn, Das Reichs-Staatsrecht, Bd. 1, S. 259.

2 Reichsverfassung, Art. 2.

3 Ibid. Art. 4, § 15.

Von Rönne, Das Staatsrecht des deutschen Reiches, Bd. II, Ab. 2, S. 100.
Reichsverfassung, Art. 4, § 2; Art. 35, § I.

protection or both, and upon the specific articles just mentioned, independent of their commercial destination.

This power is exclusive to the Imperial legislature. As the rule, the commonwealths have no power to regulate the customs or levy export or import duties, or to regulate or levy excises upon the above-mentioned articles. Bavaria, Württemberg and Baden, however, are exempted from this Imperial power. The taxation of the spirituous liquors and beer produced in these respective commonwealths is reserved to each of them exclusively. There can be, as the constitution now stands, no Imperial taxation of these subjects in these three commonwealths. The constitution expresses the intention of disposing of this exception so soon as possible, but it still remains.1

The Imperial legislature cannot tax any other subjects. It is restricted to those enumerated. If it cannot raise a sufficient revenue from these, the constitution provides a system of requisitions upon the respective commonwealths according to their populations. It vests in the Chancellor the power to determine arithmetically the quota of each commonwealth, under the limitation that the aggregate amount required from the commonwealths shall not exceed the total amount appropriated by the legislature for the expenses of the government, less the amount accruing from the Imperial customs and excises.2 The constitution, however, imposes upon each commonwealth the duty of paying annually into the Imperial treasury 225 thalers (675 marks) for each soldier which that particular commonwealth is held by law to furnish to the army.3 Bavaria alone is excepted from this duty, but must spend a proportional amount upon its army corps.4

The power of fixing the budget of expenses as well as of income, i.e. the power of making the appropriations, is vested by 1 A law has been passed by the Imperial legislature for uniform taxation of liquors, and this law has been accepted by these three commonwealth legislatures. 2 Reichsverfassung, Art. 70. 3 Ibid. Art. 62, § 12. 4 Bündnissvertrag mit Bayern, Bundesgesetzblatt, 1871, S. 9 ff.

the constitution in the Imperial legislature. This power is, of course, exclusive to the Imperial legislature both as against the commonwealths and the other departments of the Imperial government itself. The constitution declares that, as the rule, the appropriations shall be voted annually, but permits the legislature to make them for a longer time in special cases.1 The intention of this provision undoubtedly was, and is, to allow the legislature to vote the appropriations for the army for a number of years at once. The military position of Germany in the centre of Europe, with exposed frontiers on all sides, makes it necessary that the military system and strength of the Empire should not be subject in fact to an annual vote of the legislature; while the modern constitutional principle requires, on the other hand, that, as a matter of law, it should be. 9. Legislation in respect to the Army and Navy.

The constitution confers upon the Imperial legislature the power to regulate the military and naval systems of the Empire. The constitution itself prescribes certain fundamental norms, which the legislature may not alter or transgress in its statutes upon this subject. These constitutional requirements are as follows: Every male German is obliged to serve in the army and navy, and must discharge that duty personally; those serving in the army must belong, as the rule, for seven years from the completion of the twentieth year of age, to the standing army-three years in the active service and four years in the reserve; they must also belong for five years more to the Landwehr of the first call (Aufgebot); and, after that, until the beginning of the thirty-ninth year of age, to the Landwehr of the second call; but the Landwehr of the second call cannot be required to drill, or to go 2 Ibid. Art. 4, § 14. 4 Ibid. Art. 59.

1 Reichsverfassung, Art. 71. 8 Ibid. Art. 57.

5 Verfassungsänderung des Art. 59; Reichsgesetzblatt, 1888, S. 11 ff. — The Law of 1893 requires only two years in the active service, except for cavalry and mounted artillery, for these three years, and reduces the time of service of the cavalry and mounted artillery to three years in the Landwehr of the first call, but the Emperor may detain soldiers in the active service beyond the legal period, if, in his opinion, it is necessary for the defense of the Empire.