Reich Citizens: Why their theories about Germany are wrong

Against the Federal Republic
Six theses of the Reich citizens – and why they are wrong

The “Reich Citizens” group around Heinrich XIII. Prince Reuss is on trial in Frankfurt. Not all “Reich citizens” plan to wipe out the Federal Republic through a violent overthrow. But many have some strange perspectives on this state.

The terror trial against the “Reich Citizens” group around Heinrich XIII Prince Reuss is underway in Frankfurt. “Reich Citizens” have their very own view of the Federal Republic of Germany and its laws.

Thesis 1: The Basic Law is not a constitution.

In fact, the Basic Law was originally planned as a provisional measure so as not to cement the division between East and West Germany. However, it came into force as a constitution because it defines the national territory, the structure of the state and its duties towards its citizens – and vice versa. All of this makes up a constitution, even if it is called something else. Denmark, Estonia, Ireland and the Netherlands also call their constitutions the Basic Law.

Article 146 of the Basic Law states that the Basic Law loses its validity on the day “on which a constitution that has been freely decided by the German people comes into force.” Since that didn’t happen, Reich citizens use this as an argument that the Basic Law is not a constitution. “Today this is only a matter of the legal possibility of replacing the Basic Law with a new constitution or confirming it through a referendum,” said Christoph SchönbergerProfessor of Constitutional Law and Political Philosophy at the University of Cologne, of the world”. This does not change the validity of the Basic Law as the German constitution.

Thesis 2: The Federal Republic is not a state.

Legally speaking, a state needs:

Some also consider a constitution to be one of the basic conditions for a state. Either way, the Federal Republic has all of this and is therefore a state.

Thesis 3: Germany continues to exist legally as the “German Empire” within the borders of 1937.

“The Federal Constitutional Court has consistently held that the subject of international law ‘German Reich’ has not disappeared and that the Federal Republic of Germany is not its legal successor, but is identical with it as a subject of international law,” it says. in a press release from the German Bundestag to a small question from members of the “Left”. In the detailed answer But it becomes clear: This refers to the Weimar Republic (1919-1933), the first democracy on German soil. It was officially called the “German Empire”.

Reich citizens prefer to understand the “German Reich” as the “Third Reich” under Adolf Hitler. In addition, said constitutional lawyer Schönberger of the “world”: “The Federal Constitutional Court – contrary to what Reich citizens portray it – never opposed the German Reich to the state power of the Federal Republic.” Reich citizens would only pick out from a 1973 ruling by the Federal Constitutional Court what seemed to support their ideology.

Thesis 4: Germany is still at war.

Reich citizens argue that the Federal Republic has not concluded a peace treaty with the four victorious powers of the Second World War: the USA, Russia, Great Britain and France. Therefore, Germany is still at war today. In fact, there was no peace treaty in 1945 because the East-West conflict followed the end of the war. At the latest, however, the 2+4 Treaty of 1990 – with the GDR and FRG on the one hand and the victorious powers on the other – is considered a peace treaty.

Thesis 5: Germany is not sovereign.

In fact, the victorious powers took over on June 5, 1945 about Germany. The Federal Republic of Germany received it in 1955 through the Germany Treaty essential sovereign rights back. Since the 2+4 Treaty came into force in 1990, united Germany has been completely sovereign again. At that time, the occupying powers finally gave up their rights and responsibilities with regard to Berlin and Germany as a whole.

Thesis 6: Germany is a GmbH.

Reich citizens use the “identity card” as an indication: if a proof of identity bears this name, the citizens would have to be staff and the issuer would have to be a company instead of a state. Actually have the members of the Parliamentary Council Not only in the identity card, but also in other parts of the Basic Law, it is sometimes unclear or ambiguously worded. But giving such a hint when a conspirator wants to disguise a company as a state would have been noticeable in a committee with 65 bright minds.

Furthermore, it says in Article 20 of the Basic Law: “The Federal Republic of Germany is a democratic and social federal state.” But that will hardly convince any citizen of the Reich that he is wrong.

Sources:“World”, “BR.de”, “World” on the continued existence of the German Empire, Answer to a small question from the “Left” on “bundestag.de”, “Bpb.de” on the Germany Treaty, “Bpb.de” on the creation of the Basic LawAFP.