Bundesverfassungsgericht

 

If you can pronounce the title of this post, you win a free Wiener Schnitzel which will be placed in my mailbox on October 3rd, aka Tag der Deutschen Einheit. For those of you whose German may be a little rusty, the title word means the Federal Constitutional Court. It was established in the years following the fall of Hitler’s Third Reich.

You see, we are not the first population to witness a powerful but deceitful man take control of a government, not by hostile takeover, but through a façade of legality. Adolph Hitler, between 1933 and 1934, dismantled the Weimar Republic’s democracy from within. He exploited constitutional loopholes, manufactured crises, and slowly eroded the establishment by decree of emergency.

After the Reichstag (Parliament building) Fire, Hitler suspended civil liberties, including freedom of speech, press, and assembly. He eliminated his rivals through arrest and imprisonment, often without trial. He demanded Loyalty Oaths where the military swore allegiance, not to the constitution, but to him.

If you read the above and didn’t see similarities with events that have taken place in America in the last 26 years, particularly in the most recent sixteen-month period, you may want to adjust the one-size-fits-all band on your MAGA hat. It may have cut off the blood supply to your brain.

Having seen first hand how a democracy could be dismantled from within, after WWII, Germany established this Federal Constitutional Court as its Guardian of Basic Law. It is not the Supreme Court and does not take on regular cases, but only those of fundamental constitutional importance. Its sole purpose is to assure that every branch of government stays in compliance with the constitution.

The true genius of this court is that ruling parties cannot “stack the court” with sympathetic like-minded individuals. Judges must receive a 2/3 majority in both houses of parliament. Mandatory retirement is at 68 and they can only serve a single term for 12 years. This court handles around 5,000 civilian filings each year and these complaints make up 96% of its docket.

Wouldn’t such a system be useful now before our own Führer sends us down a path similar to 1930s Germany? Our own Supreme Court could also be structured in such a manner. The age limit would quickly toss out Thomas, Alito, and Roberts. The 12 year term limit would also get rid of Sotomayor. Four openings needing a 2/3 majority. I would accept that, even with the current administration in charge.

So, who among you won the Wiener Schnitzel?