The groundwork for this had been laid by the "Herrenchiemsee Constitutional Convention". The convention met on the island of Chiemsee in Bavaria from August 10 to 23, 1948. The Parliamentary Council closely followed its draft, which already contained the outlines of the future Basic Law. The Parliamentary Council can easily adopt the names of the federal bodies (Bundestag, Bundesrat, Federal President, Federal Government, Federal Constitutional Court) from the Herrenchiemsee draft, as well as innovations compared to the Weimar Constitution.
The aim of these new elements was to increase the stability of the second German republic. This included the almost complete abandonment of plebiscitary elements, as well as the strengthening of Parliament and the Federal Chancellor vis-à-vis the (largely disempowered) Federal President. Furthermore, the introduction of the "constructive vote of no confidence" (Article 67 of the Basic Law), according to which an incumbent Federal Chancellor can only be overthrown by the Bundestag if a new Chancellor is elected at the same time.
The "Herrenchiemsee Convention" is also the origin of the formulation of the principle of "contentious democracy". According to this principle, democracy must be willing and able to defend itself against its enemies.
The division of powers between the federal government and the federal states remains controversial to the end, especially in financial matters. Large sections of the CDU and CSU are extreme federalists. They want to give the federal states more influence. The SPD and FDP, on the other hand, call for a strong federal government. In the end, the ideas of the SPD and FDP prevailed. Konrad Adenauer, as President of the Council, has to mediate between his own party and the military governors who want to strengthen federalism.
Konrad Adenauer on May 23, 1949 in the Pedagogical Academy in Bonn (later the Bundesrat building)Today, May 23, 1949, marks the beginning of a new chapter in the eventful history of our nation: today, following the signing and promulgation of the Basic Law, the Federal Republic of Germany will enter history. We are all aware of what this means. Anyone who has consciously experienced the years since 1933 [...] will be moved by the thought that today, with the passing of this day, the new Germany will come into being.
Voting result: 53 yes against 12 no
On May 8, 1949, the Basic Law is approved by the Parliamentary Council by 53 votes to 12. The Center Party, the DP and the KPD vote against the draft. Six of the 13 CSU representatives also reject the Basic Law, as they do not feel that the issue of federalism and references to Christian social teaching are adequately represented.
The military governors of the three Western powers approve the constitution on May 12, 1949, as do ten of the eleven state parliaments. Bavaria votes against the new Basic Law. On May 23, 1949, the Basic Law is promulgated by the Parliamentary Council and comes into force the following day.
Bonn becomes the "temporary" federal capital
The Parliamentary Council had already decided on the capital city issue on May 10, 1949. Bonn was chosen as the "provisional" federal capital with 33 votes. A total of 29 MPs voted in favor of Frankfurt am Main, the site of the Paulskirche with its great democratic history. The main argument in favour of Bonn was that it emphasized the provisional nature of the new republic.
After the Basic Law comes into force, elections are held on August 14, 1949 for the first Bundestag, which is constituted on September 7, 1949 - together with the Bundesrat - in Bonn.
The first Federal Assembly elects Theodor Heuss as the first Federal President on September 12, 1949, and the Bundestag elects Konrad Adenauer as the first Federal Chancellor on September 15.
For their part, the Allies put the Occupation Statute into force on September 21, resulting in significant restrictions on the sovereignty of the new state. From then on, the law of occupation overlaps the entire legal system of the Federal Republic - including the Basic Law. The expansion of sovereignty is one of Chancellor Adenauer's main concerns in the coming years.
