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Military government weekly information bulletin
Number 100 (July 1947)

MGR title I (second installment),   pp. 7-8 PDF (1.1 MB)


Page 8

German economy and administration
and made chaos and suffering inevi-
table.
Guiding principles of Military Gov-
ernment detailed in Section B provides
for the reestablishment of German
authority in the US Zone. The adoption
of Land constitutions in the US Zone
formalizes the policy decision of the
United States to transfer authority for
Ehe administration of internal German
affairs in the US Zone to demo-
cratically-cho!sen  German  agencies
under the new constitutions.
HILE German self-government is
a primary objective of MG policy,
there are certain restrictions which
will continue to apply to all levels of
civil government in the US Zone. The
specific restrictions set forth below
must be considered as superior to the
authority of any German governmental
agency, and to both statutory and
constitutionl law. These restrictions
include:
a. All international  agreements
regarding Germany which have been
or may be concluded;
b. All present and future quadri-
partite or multipartite policy decisions,
laws, and regulations;
c. All present and future polfcy
decisions of the US-British Bipartite
Board;
d. The rights of the United States
as an occupying power under inter-
national law to maintain an occupying
force within the US Area of Control,
to preserve peace and   order, to
reassume at any time full occupation
powers in the event the purposes of
the occupation are jeopardized;
e. All limitations upon govern-
mental action which may be set out
as  specific  qualifications  to  the
approval of the Laender constitutions;
f. Such proclamations, laws, enact-
ments, orders, and instructions ap-
proved by the US occupation authori-
ties as continue in force o!r shall
hereafter be promulgated (see Title 23,
MGR);
g. Observance of the tenets of
democracy, the sieparation,distribution,
and decentralization of powers set
forth in MGR 1-312 through MGR
1-314 below.
All levels of German government
.in the US Zone must be demo-
cratic to the extent that:
a. All political power is recognized
as originating with the people and
subject to their control;
b. Those who exercise political
power are obliged regularly to renew
their mandates by frequent reference
of their programs and leadership to
popular elections;
c. Popular elections are conducted
under competitive conditions in which
not less than two effectively competing
political parties submit their programs
and candidates for public review;
d. Political parties must be demo-
cratic in character and' must be re-
cognized 'as voluntary associations of
citizens clearly distinguished from,
rather than identified with, the instru-
mentalities of government;
e. The basic rights of the individual
including free speech, freedom of
religious preference, the rights of
assembly, freedom of political as-
sociation, and other equally basic
rights of free men are recognized and
guaranteed;
f. Control over the instrumentalities
of public opinion, such as the radio
and press, must be diffused and kept
free 'from governmental domination;
and
g. The rule. of law is recognized as
the individual's greatest single pro-
tection against a capricious and will-
ful expression of governmental powers.
German governmental systems must
provide for a judiciary indepen-
dent of the legislative and executive
arms in general and of the police
activity in particular. US policy does
not demand the rigid separation of
legislative and executive powers:
there is not objection to the cabinet
or parliamentary type of government
in which the executive and legislative
branches are interdependent. Where
a governmental system does provide
for a separation of the executive and
legislative branches, there must be no
provision which would enable the
executive to rule without the ap-
proval and consent of the legislative
branch.
ERMAN governmental structure
G shall be federal in character, and
the constituent units thereof shall be
Laender (States). The functions of
government shall be decentralized
within that structure to the maximum
degree consistent with modern econom-
ic life. 'US policy concerning the re-
lationships between levels of govern-
ment requires that:
a. All political power shall be
recognized as originating with the
people and subject to their. control;
b. Power shall be granted by the
people primarily to the Laender and
subsequently  only in  specifically
enumerated and limited instances to
a federal government;
c. All other grants of governmental
power by the people shall be made to
the Laender;
d. All power not granted by the
people shall be reserved to the people;
e. A substantial number of functions
shall be delegated by the Laender to
the local governments. These should
include all functions which may be
effectively  determined  and admin-
istered by local governments;
f. Governmental powers may be
delegated to private or quasi-public
economic bodies; and
g. Pending the establishment of a
federal government, powers requiring
central execution shall be conferred
upon such transitional federal or
central bodies as may be agreed upon
by civil government and Military Gov-
ernment, or as may be directed by
the latter.
S ECTION B provides the method of
promulgating new economic p~rin-
ciples for Germany as follows:
a. Germany should be administered
as an economic unit and zonal barriers
should be completely obliterated as
far as the economic life of Germany
is concerned; insofar ais practicable,
there, should be uniformity of treat-
ment   of  the German population
throughout Germany;
b. There should be equitable distri-
bution  of  essential  commodities
among the several zones in order to
produce a balanced economy through-
out Germany and reduce the need for
imports;
c. As part of a combined program
of demilitarization and reparations,
Germany's waer potential should be
reduced by elimination and removal
of her war industries and the re-
duction and removal of heavy in-
du~strial plants, so that only those
(Continued to page 14)
7 JULY 1947
WEEKLY INFORMATION BULLETIN
8


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