In Germany it seems the time has come for the government to dissolve the people and elect another.*
Many thanks to Hellequin GB for translating this op-ed from Junge Freiheit. The translator’s comments are in square brackets:
Facilitation of naturalizations
Create a new people
In the debate about possible changes to citizenship law, basic constitutional facts are often systematically pushed into the background. In 1949, the founding fathers and mothers of the Basic Law had a clear concept of the people in mind that nobody questioned at the time. A commentary by Ulrich Vosgerau.
For years now, political leaders have been steadily lowering the requirements for acquiring German citizenship. Until recently, the CDU/CSU also played a leading role. At the same time, however, basic constitutional facts are often systematically pushed into the background in the debate about possible changes to citizenship law.
The Basic Law distinguishes between the constitutional powers of the state (legislative, executive, judiciary) and the constituent power, namely the people. The legislature amending the constitution is also constituted power and cannot abolish the Basic Law or change its essential principles, which is stipulated in the Basic Law’s guarantee of self-determination (Article 79 (3)).
So if all state power emanates from the people (Article 20, Paragraph 2 of the Basic Law), which is the sole constituent power (preamble and Article 146 of the Basic Law), it follows unavoidably that not even by the legislature amending the constitution, and certainly not by the basic legislature, can the people, as a subject of legitimacy that precedes state power and the constitution, be exchanged or to look for or define a new constitution-making power. But who is the “people” in the sense of the Basic Law? [Sorry, it’s this legalspeak that gets to me every time. I hope it makes sense and isn’t lost completely in translation.]
Existing cultural community
The Basic Law does not define the term in more detail, but rather assumed it in 1949 as an obvious matter of course. If it has recently been claimed that the Basic Law defines the people as mandatory and exclusive as the epitome of all nationals, this is incorrect. This is already proven by Article 116 of the Basic Law, which identifies both nationals and ethnic groups as Germans.
The reinterpretation should aim to no longer impose constitutional limits on the legislature when reforming nationality and immigration law and to enable the legislature, which is actually supposed to be dependent on the will of the people, to dissolve the people and re-select them.
In 1949, the fathers and mothers of the Basic Law had a clear picture in mind that no one doubted at the time — not even Social Democrats or Communists. Since 1913, according to the Reich and Nationality Act, the principle of descent has applied. For the Basic Law, the German people is a community of descent and culture that exists in terms of being, is prior to the Basic Law and is by no means first constructed by these laws. This has never precluded the naturalization of aliens. As a rule, however, assimilation was a prerequisite. Admittedly, this can no longer be maintained today — in light of a decades-long demographic crisis, the shortage of skilled workers and the need for qualified immigrants, all of whom should not be left entirely to the Anglo-Saxon world.
Facilitation of naturalization planned
Nevertheless, under the Basic Law, precisely in order to avoid the exchange of the constitution-making power, the principle of descent must remain the rule, while the naturalization of particularly gifted minds must remain the exception. Politicians have been working systematically against this principle for decades. Actors like the Bertelsmann Foundation rushing to the rescue, propagandizing that there can never be enough immigration and naturalization.
The facilitation of naturalization now planned by the traffic light coalition is in a continuum with the policies advocated and promoted by the CDU, FDP, SPD, Greens and the Left Party, at least since the red-green reform of citizenship law in 1999. The fact that individual FDP politicians, under the impact of devastating poll and state election results, are now publicly turning against the reform must actually come as a surprise, since the legislative initiative essentially implements what was agreed upon in the coalition agreement.
There are also rumblings in the Union. A group of 20 CDU parliamentarians led by Armin Laschet are committed to the red-green right to naturalization. Friedrich Merz not only does not immediately throw the Merkelians into the Elbe, but even wants to take up their suggestions. The leader of the CDU collapses every time he is made publicly aware that his political views are not supported by the Greens’ program and the findings of the Bertelsmann Foundation. In any case, the red-green unionists are right in saying that the planned reform is actually a logical continuation of the simplifications in naturalization that had already taken place during the Merkel era.
Immigration into the social systems
In fact, the new line of not deporting rejected but previously tolerated asylum seekers, but instead naturalizing them, only legalizes conditions that have existed for years. The “repatriation offensive” promised by the traffic light coalition in the coalition agreement has already failed miserably. In any case, the Federal Republic does not deport people to countries from which the asylum seekers come, because this is either stipulated by politics for humanitarian reasons or, if not, the administrative courts then prevent the deportation.
The only way to prevent undesired immigration into the social systems lies in the constitutional state, which is guided by human dignity, and by not letting the immigrant aspirants into the country. This is exactly what Article 16a Paragraph 2 of the Basic Law and Section 18 Paragraph 2 of the Asylum Act stipulate as mandatory. However, these regulations are no longer observed and can probably not be implemented at all as long as Germany does not secure its green borders in a suitable way against the new migration of peoples.
A positive side effect of the planned naturalization offensive in this existing situation is at least the extensive abolition of crime committed by foreigners. Just as in Michael Ende in the land of giants, by definition, all are giants — even the rather short ones — there will soon only be German crime in the best Germany that ever existed.
Dr. habil. Ulrich Vosgerau specializes in state and constitutional law.
Afterword from the translator:
Paper is patient.
It is said that in 1973, the Federal Constitutional Court passed judgement on the subject of Germany. (It is maintained (cf. e.g. BVerfG, 1956-08-17, 1 BvB 2/51, BVerfGE 5, 85 <126>) that the German Reich survived the collapse in 1945 and neither the capitulation nor the later exercise of foreign state authority in Germany by the Allies changed that; it still has legal capacity, but is not capable of acting as a full state due to a lack of organization. The Federal Republic of Germany is not the “legal successor” of the German Reich, but as a state identical to the state “German Reich” — in relation to its spatial extent, however, “partially identical”.)
Anyone who carried the GG (the book of the WEST German “Constitution”) in front of them in a Corona demo noticed that it protected them as much as a roll of toilet paper from state thugs.
In this respect, Article X of the Basic Law is like Article Y of the Basic Law. A statement of intent, like a mask worn in front of you to hide your face underneath.
Just like Twitter banned/censored then President-Elect Donald Trump.
And Germans are worried about a gun and 50 retirees trying to take over the country? Or was it just a PR stunt to justify the reversal of the burden of proof by the state (proposal of the Minister of the Interior)?
|*||“Die Lösung” (The Solution) is a famous German poem by Bertolt Brecht about the uprising of 1953 in East Germany. Written in mid-1953, it is critical of the government and was not published at the time. It was first published in 1959 in the West German newspaper Die Welt.
Is the Zeughaus “the German people” at the DHM still up?
That is not just some GD piece of paper like the FUSA and the discarded long ago Constitution.
Ahh…it is and going back to 1789!
You use a lot of throwaway nics and email addresses, but your IP address always remains the same, and your commenting style is distinctive. As a result, I can tell that all of those disparate IDs in fact belong to the same user.
As far as I can determine, you never use the same nic twice.
Why not choose a single pseudonym and stick with it, so that other commenters can identify and respond to someone they recognize?
I will never understand why all these countries took in all this useless 3rd world garbage.
They just disreguarded there own people and handed the trash everything…
In some cases there entire countries.
I think it was to gain investment from the Middle East. Same as UK opened up it’s country to them and let them buy London. Who owns Berlin?
Makes the rich richer having all these people and lowering average wages. Home ownership is low in German cities as many apartments owned by companies – seems like own nothing and be happy and trust us not to throw you out on the street one day?
Germany doesn’t want it’s diaspora of Germans back, unlike Poland, and it is more difficult to claim citizenship as an ethnic German. Poland allows citizenship by blood “jus sanguinis”. Ireland is pretty good about accepting descendants back. Germany would rather have “different” citizens with no German blood line.
Trump could claim citizenship if they wanted German people back.
The people never handed their nation to the migrants. It’s the corrupt EU handing down quotas to the nation states. Quotas from elites who are far removed from the rape and crime caused by their policys. Viktor Orban has the correct plan. Soon to be followed by others. Nationalism is the solution to communism.
It’s a Trojan War, and “we” are the Trojans.
(Horse is an ancient symbol of the Phoenicians, the symbol of “mechants” and “traders” – so a Horse full of enemy combatants has a very symbolic meaning)
Chris: One answer is that human trafficking on a global scale must be immensley profitable for various underworld and cartel entities and for the politicians and bureaucrats bought off by the these entities. Also, all the “non-profits” and NGOs (non-governmental organizations) that support illegal immigration are money laundering operations, plain and simple. There’s nothing charitable or well intentioned; everything is about money. Taxpayer funds flow to the non-profits and NGOs and back into the pockets of corrupt politicians, bureaucrats, “philanthropists” and the “executives” who “run” (i.e, pilfer) the non-profits and NGOs.
Re: “I will never understand why all these countries took in all this useless 3rd world garbage. They just disreguarded there own people and handed the trash everything…”
The answer is in several parts.
First, the countries of Europe have been captured by a ruling elite who are implicitly hostile to historic Europe and those within it. Many of these individuals belong to the globalist movement, and their primary loyalty is to their own class and that movement, and not to the people they are supposed to lead. Emmanuel Macron in France is one such example; Angela Merkel – the former leader of Germany – is another, among many.
Second, there has been a quid pro quo in place for the last fifty years under which the nations and leaders of the European Common Market/European Union, have agreed to admit large numbers of immigrants from the Middle East and North Africa (most of whom are Muslims) in return for the Sunni Arab oil nations continuing to supply Europe with oil.
Third, and in relation to the above, there started a movement in the late 1960s under then-French President Charles de Gaulle to create a so-called “third way” by which France and other nations could interact with the world, apart and separate from the either-or Cold War axis of the U.S. or the Soviet Union. France began admitting immigrants from their former colonies in Africa and the Middle East, and other nations followed, as part of this effort.
Fourth, the ideology of the European strain of globalism is based upon the eugenics of the founder of the “United Europe” (and hence the EU), Count Richard Coudenhove von Kalergi (1894-1972). Kalgeri, the product of a mixed-race marriage between an Austro-Hungarian father and a Japanese mother, believed that the ideal European of the future would be a racial hybrid of ancestral European stock and the peoples of Africa, Asia and the Middle East.
Kalergi’s ideas still hold sway today, a fact which ought to be evident to people like the Germans who see posters put up by their own government suggesting that native German women date and marry “migrant” men from outside Germany rather than their fellow Germans. Social engineering of this kind has become very common in Europe over the last few decades.
Fifth, Europe’s reproduction rate is not sufficient to maintain current population levels, nor the generous cradle-to-grave social welfare benefits which have been promised to so many people in so many countries. Since native Europeans won’t reproduce, the thinking goes, then immigrants will have to be admitted to take up the slack. These “guest workers” – such as the Turks in Germany – have an often impressive fecundity which far outpaces that of native German families, a trend which if it holds does not portend well for Old Germany or old Europe.
The “great replacement” underway in Europe, especially northern and western Europe, has not happened spontaneously – though there are certainly influential people who would like you to believe that. It has been the product of a decades-long social engineering project undertaken by the globalist elites and their associates.
In other words, if Old Europe is dying, it isn’t from natural causes; her death is at the very least an assisted suicide, if not an outright act of murder.
Until human nature rears it’s ugly head and the European man goes tribal with a bloody minded vengeance and frankly speaking, the white European youth is the ones getting angrier by the day after being blamed, vilified and demonetized at every turn. What these race replacement elites don’t understand and they won’t until it is far to late to run is, nobody does warfare better than whitey, especially when they take civilized rules of war and thrown them on the funeral pyres of all that vex him. My bet is on human nature at some point kicking in over indoctrination, history points this out too many times to count.
Re: “My bet is on human nature at some point kicking in over indoctrination, history points this out too many times to count.”
Certainly, if the pendulum swings very far in one direction, it can swing equally far in other. France had the revolution of the 1790s, which beget Napoleon, the proverbial “man on the white horse” figure….
The historical record certainly contains evidence of European martial prowess, but the million-dollar question is whether the present-day people of Old Europe can summon the fortitude to rescue themselves or not.
They’ve been sedated by decades of welfare and arguably unearned prosperity, neutered by feminism and multiculturalism, and beaten-down and brainwashed by ceaseless establishment propaganda. Not to mention gelded by years of not having to provide for their own defense.
I am not in Europe, so do not have a first-hand window into the state of mind of youth there other than what news crosses the Atlantic. Your theory may or may not prove to be correct; time will certainly tell.
Georgia, I do have a window into what European thinking is, for the older sorts, except for the exceptions, the future is for the young, and they are getting more and more angry by the day, they see their futures compromised by these WEF types and they resent it, they see their women being raped, they are being assaulted and humiliated in the streets with no repercussions by the polizia or bought and paid for politicians, they hate the average German and the average German is really beginning to hate them in return and they know it, the elite are running out of time, current demographics and the evironaxi’s putting the countries in early energy poverty is going to blow up in their faces, especially since they don’t have the support of the militaries who they are especially scarred of and they should be, especially when the military decides the time is right for the coups of all western European countries., Yeah, I put my faith in human nature over the thoughts of minor men any day of the week and twice on Sunday.
Good luck maintaining an advanced civilization without merit, Calvinist ethics, and a desire to create a better world.
Don’t worry, human nature will soon rear it’s ugly head and the one worlders types will find themselves a very endangered species along with their 3rd world pets, welcome to the new Balkans.
I laugh at these marxist trying to make 3rd worlders Germans, the 3rd worlders will never be German, EVER, they will always be 3rd worlders, for a dog born in a barn doesn’t make it a horse. There is now an undercurrent of hate building up amongst the German people, especially the youth who see their birthrights being usurped by these God forsaken 3rd world trash getting benefits and access to jobs usually reserved for them, this will of course will make white native Germans gravitate to parties who align with their own, it’s human nature to do so and then the fun and games of the results of Balkanization start to unravel, massive bloodshed will be the reult, for history says so. I dare anyone to show me where in history diversity/multiculturalism has succeeded without devolving to massive bloodshed?