Baden (South Baden)
|State of Baden|
|State capital :||Freiburg in Breisgau|
|Form of government :||parliamentary republic , partially sovereign member state of a federal state|
|Area :||9,952 km²|
|Foundation :||December 1, 1945|
|Population :||1.339 million (September 13, 1950)|
|Population density :||135 inhabitants per km²|
|Head of Government :||President Leo Wohleb|
|Last choice:||May 18, 1947|
|Votes in the Federal Council :||3|
Baden , until December 2, 1946 Südbaden , was a state of the Federal Republic of Germany with the capital Freiburg im Breisgau . It comprised the southern parts of the former Republic of Baden and was incorporated into Baden-Württemberg in 1952 .
The central landscape of Baden with most of the large cities was the Upper Rhine Plain . Bounded in the west and south by the Rhine and Lake Constance , the country stretched on the right bank of the Rhine from Linzgau via Lörrach , Freiburg im Breisgau to Baden-Baden . It bordered the French Alsace in the west, Switzerland in the south, Württemberg-Hohenzollern in the east and Württemberg-Baden in the north.
The eastern border to Württemberg-Hohenzollern ran through the Black Forest ; from there to the Rhine, Baden was only 30 kilometers wide in the central area. The narrowest point ("wasp waist") was only 17.2 kilometers from the Württemberg border in the area of the Gaggenau-Michelbach district to the Rhine.
|April 29, 1945||The French army takes Markdorf a recent Baden location.|
|June 2, 1945||The French military government set up a German administration .|
|December 1, 1945||Freiburg becomes the seat of the Baden state administration.|
|November 17, 1946||An advisory state assembly is elected in Baden .|
|May 18, 1947||The constitution is adopted in a referendum and the first state parliament is elected at the same time .|
|May 23, 1949||Baden becomes a federal state of the newly constituted Federal Republic .|
|December 9, 1951||Referendum on the new south-western state .|
|April 25, 1952||Baden becomes part of the new federal state of Baden-Württemberg .|
Zone of occupation after the Second World War
At the Yalta Conference in 1945, France was granted its own zone of occupation in Germany . The border between the American and French zones in southwest Germany was based on the course of the Karlsruhe - Stuttgart - Ulm motorway (today's Federal Motorway 8 ); Counties through which the motorway passed were assigned to the American zone, the districts south of it to the French.
Jean de Lattre de Tassigny was commander in chief of the 1st French Army , which conquered southwest Germany at the end of World War II . Marie-Pierre Kœnig became military governor of the French occupation zone in Germany . In 1945, Émile Laffon took over the development and management of the military administration in the French occupation zone as general administrator . Differences with the commander-in-chief Marie-Pierre Kœnig led him to resign in 1947. On the French side, Pierre Pène was directly responsible for the Baden state administration .
France united the Prussian Hohenzollern Lands with the southern part of Wuerttemberg to form the administrative unit Wuerttemberg-Hohenzollern in its zone of occupation and created the southern part of Baden into the administrative unit of South Baden with an area of around 9,646 km² and 1.3 million inhabitants. Its capital became Freiburg im Breisgau on December 1, 1945. The parliament met in the historic department store , the seat of the state government and the official seat of the state president was the Colombischlössle .
In a referendum on May 18, 1947, the constitution of the state of Baden was passed , which made it clear in the preamble that southern Baden claimed to be the successor state and guardian of the old state of Baden, formerly the Grand Duchy of Baden . This was also made clear by the fact that the state consistently called itself Baden instead of "South Baden" as originally intended.
Accession to the Federal Republic of Germany
Leo Wohleb participated from July 8th to 10th, 1948 at the so-called Rittersturz conference in Koblenz and the Niederwald conference on 15/16. July 1948. Paul Zürcher , Theodor Maunz and Hermann Fecht worked for Baden at the constitutional convention on Herrenchiemsee .
On August 31, 1948, the Landtag elected Justice Minister Hermann Fecht, who was a member of the CDU, and the Social Democratic parliamentary group leader Friedrich Maier as representatives of the state in the Parliamentary Council of the eleven countries in the western occupation zones of Germany. After his resignation on March 7, 1949, Anton Hilbert took over for Fecht . On May 8, 1949, the parliamentary council passed the draft of the Basic Law and the three Western military governors gave their consent on May 12.
Pursuant to German states in which it was initially to apply. Between May 18th and 21st it was put to a vote in the state parliaments.Paragraph 1 of the Basic Law, the draft had to be approved by the representatives of the people in two thirds of the
According to Art. 52 of the Baden Constitution, the approval of a federal constitution of the German states required a constitution-amending law and Art. 92, Paragraph 2 of the Baden Constitution stated: are changed or revoked, the consent of at least two thirds of the statutory number of members of the state parliament is required; if the law is passed, it must be submitted to the referendum. ”In the Baden state parliament the vote took place on May 18, 1949, whereby the Basic Law was adopted with 49 against 2 votes. A referendum on the adoption of the Basic Law of the Federal Republic of Germany never took place in Baden, as this was not wanted by the Allied military governors.
The Basic Law was drafted and promulgated on May 23, 1949 in a solemn session of the Parliamentary Council by the President and the Vice-Presidents ( states .Paragraph 1). According to Art. 145, Paragraph 2, it came into force at the end of this day, with which the Federal Republic of Germany was founded and the State of Baden was one of the 11 federal
Foundation of Baden-Württemberg
→ Note: The historical processes can also be found in detail in the section The Origin of Baden-Württemberg in the article Württemberg-Hohenzollern .
The government under Leo Wohleb ( CDU ) was from the beginning a strict opponent of the south-western state , i.e. the amalgamation of the three states of Baden, Württemberg-Baden and Württemberg-Hohenzollern.
In 1951 there was a referendum on the establishment of the south-western state, whereby according to federal law the voting area was divided into four zones (North Württemberg, North Baden, South Württemberg-Hohenzollern, South Baden). The union of the countries should be considered accepted if there was a majority in the entire voting area as well as in three of the four zones. Since a majority in the two Wuerttemberg zones as well as in North Baden could already be foreseen (trial votes were carried out for this purpose), this regulation favored the supporters of the association.
In the vote on December 9, 1951, voters in both parts of Württemberg voted with 93% for the merger, in northern Baden with 57%, while in southern Baden only 38% were in favor. In three of four voting districts there was therefore a majority in favor of the formation of the south-west state, so that the formation of a south-west state was decided, although in the entire Baden area (north and south Baden) 52.2% had voted against.
Various constitutional complaints were brought against the referendum and the amalgamation. In 1951, the Baden government filed a constitutional complaint against the voting mode. The then newly formed Federal Constitutional Court , however, rejected an immediate repeal of the referendum, whereby the decision was made with 3: 3 votes. In 1956 the Federal Constitutional Court ruled that there was no majority in the state of Baden in 1952 and that the vote should therefore be repeated in Baden. However, the Baden-Württemberg government did not allow the vote to take place until 1970, 18 years after the federal states were amalgamated. The status quo was confirmed by 81% of voters.
Article 55 of the constitution of the state of Baden stipulated:
“The national colors are yellow-red.
The Baden flag consists of two yellow and one red vertical stripes of the same width.
The national coat of arms consists of a golden shield covered with a red right sloping bar, which is held by two silver griffins. "
|description||management||Term of office||Parties|
|Council of Ministerial Directors||Alfred Bund||June 2, 1945 to December 3, 1946||Non-party ; BCSV ; SPB ; DeP|
|State Secretariat Wohleb||Leo Wohleb||December 3, 1946 to May 17, 1947 ; Managing director until August 6, 1947||Non-party; BCSV, SPB, DeP, KPB|
|Cabinet Wohleb I||Leo Wohleb||July 24 / August 6, 1947 to January 5, 1948||Coalition of BCSV and SPB|
|Wohleb II cabinet||Leo Wohleb||January 23 to August 26, 1948 ; Managing director until February 22, 1949||sole CDU government|
|Cabinet Wohleb III||Leo Wohleb||February 22, 1949 to April 25, 1952||sole CDU government|
Elections and referendums in the state of Baden from 1946 to 1952
|Election / vote||date||Remarks||basis|
|Local councils||September 15 and 29, 1946||Dominance of the BCSV|
|District councils||October 13, 1946||Dominance of the BCSV|
|Advisory State Assembly of the State of Baden||November 17, 1946||Dominance of the BCSV; indirect choice|
|Referendum on the constitution of the state of Baden||May 18, 1947||Acceptance with 67.9% of the votes cast|
|Parliament||May 18, 1947||absolute majority of the BCSV|
|Municipal and district councils||November 14, 1948||CDU achieved less than 50% of the votes overall; Profits of the SPD and FDP|
|Trial referendum on accession to a new south-west state||September 24, 1950||rejected with 59.6%|
|Referendum on the extension of the electoral period of the Landtag elected in 1947||November 18, 1951||Extension approved by a large majority|
|Referendum on accession to a new south-western state||December 9, 1951||rejected with 62.2%|
State Parliament in Baden
The predecessor of the state parliament was the Advisory State Assembly of the State of Baden, which was elected by district and municipal councils on November 17, 1946 and began its work on November 22.
On August 31, 1948, the Landtag elected Justice Minister Hermann Fecht, who was a member of the CDU, and the Social Democratic parliamentary group leader Friedrich Maier as representatives of the state in the Parliamentary Council of the eleven countries in the western occupation zones of Germany. After his resignation on March 7, 1949, Anton Hilbert took over for Fecht .
- City districts
For the organization of the courts, see Courts in Baden (South Baden) .
- Klaus-Jürgen Matz : The State of Baden 1945–1952. In: Meinrad Schaab , Hansmartin Schwarzmaier (ed.) And others: Handbook of Baden-Württemberg History . Volume 4: The countries since 1918. Edited on behalf of the Commission for Historical Regional Studies in Baden-Württemberg . Klett-Cotta, Stuttgart 2003, ISBN 3-608-91468-4 , pp. 477-517.
- Ordinance No. 65 of the French Commander-in-Chief in Germany on the formation of a Consultative Assembly for Baden of October 8, 1946
- Constitution of the state of Baden of May 18, 1947
- First law to carry out the restructuring in the areas comprising the states of Baden, Württemberg-Baden and Württemberg-Hohenzollern in accordance with Article 118, sentence 2 of the Basic Law (First Restructuring Act) of May 4, 1951 ( online )
- Second law on reorganization in the states of Baden, Württemberg-Baden and Württemberg-Hohenzollern of May 4, 1951 ( online )
- The emergence of the south-west state on the homepage of the State Center for Civic Education Baden-Württemberg; Retrieved November 26, 2017
- Admission of refugees in South Baden after the Second World War to discover geography online - leobw
- Statistical Yearbook for the Federal Republic of Germany 1952 .
- See Manz, p. 516.
- Judgment of the Federal Constitutional Court of October 23, 1951 ( Memento of March 15, 2010 in the Internet Archive )
- Judgment of the Federal Constitutional Court .
- Constitution of the state of Baden online .
- On July 24, 1947, Wohleb was elected President and on August 6, the cabinet was formed.
- Official Journal of the Baden State Administration - French Occupation Area, 1946, No. 12 of August 14, 1946, pp. 65–75 .
- See Matz: Das Land Baden 1945–1952 , p. 514.
- Baden municipalSeptember 23, 1948. In: Badisches Gesetz- und Verordnungsblatt. Government Gazette of the Baden State Government No. 38 of November 3, 1948, pp. 177–187 .
- Klaus-Jürgen Matz: The State of Baden 1945–1952. 2003, p. 492.