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Article 20, which along with Article 1 cannot be altered, has a sentence No. 4 concerning the relationship between chancellors who are in breach of Art. 20 and lampposts.
Article 20 [Basic institutional principles; defense of the constitutional order] (1) The Federal Republic of Germany is a democratic and social federal state. (2) All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive, and judicial bodies. (3) The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice. (4) All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available.
(1) The Federal Republic of Germany is a democratic and social federal state.
(2) All state authority is derived from the people. It shall be exercised by the people through elections and other votes and through specific legislative, executive, and judicial bodies.
(3) The legislature shall be bound by the constitutional order, the executive and the judiciary by law and justice.
(4) All Germans shall have the right to resist any person seeking to abolish this constitutional order, if no other remedy is available.
The German government claims that a "4th paragraph" was added to Article 20 in 1968 which says, "All Germans shall have the right to resist any person seeking to abolish this constitutional order, should no other remedy be possible." However this provision is (according to the common opinion of lawyers) not protected by the eternity clause, because it was not included in this Basic Law as originally enacted. Most lawyers claim (though with basis in philosophy of law rather than in this Basic Law) that the amending legislator has no power to enlarge the eternity clause, but at any rate the words "article 20" as appearing in article 79 mean "article 20 as in force at the time article 79 was enacted," and the amending legislator did not in any way reveal an intention to put the right of resistance under the eternity clause. (That is, not by force of this Basic Law itself. If it be argued that the right to resist an illegitimate government is of natural law, then as such it would be included in the words of Article 1 paragraph 2 as given above.)
http://en.wikipedia.org/wiki/German_Emergency_Acts
I really believe that Merkel doesn't get that. And that would mean she believes in her own spin, which is always a very bad sign.
Karlsruhe:
Urteil in Karlsruhe: Hartz-IV-Sätze sind verfassungswidrig | tagesschau.de
: "Da nicht festgestellt werden kann, dass die gesetzlich festgesetzten Regelleistungsbeträge evident unzureichend sind, ist der Gesetzgeber nicht unmittelbar von Verfassungs wegen verpflichtet, höhere Leistungen festzusetzen. Er muss vielmehr ein Verfahren zur realitäts- und bedarfsgerechten Ermittlung der zur Sicherung eines menschenwürdigen Existenzminimums notwendigen Leistungen entsprechend den aufgezeigten verfassungsrechtlichen Vorgaben durchführen und dessen Ergebnis im Gesetz als Leistungsanspruch verankern. Wegen des gesetzgeberischen Gestaltungsermessens ist das Bundesverfassungsgericht nicht befugt, aufgrund eigener Einschätzungen und Wertungen gestaltend selbst einen bestimmten Leistungsbetrag festzusetzen. Die verfassungswidrigen Normen bleiben daher bis zu einer Neuregelung durch den Gesetzgeber weiterhin anwendbar."
Showing that they didn't comply with the ruling would be easy:
Feynsinn » Deutschland zwischen Hartz und HRE
Interessanterweise werden Erwachsenen für Schreibwaren nach wie vor mehr Mittel zugebilligt als Kindern. Allein daran ist schon erkennbar, was hier novelliert wurde, nämlich gar nichts. Niemand hat sich bemüht, die Datenbasis den Anfoderungen der Gegenwart anzupassen, worin geradezu die Aufforderung besteht, jene Willkür an den Tag zu legen, die Karlsruhe dem Gesetzgeber untersagt hatte.
Of course they would just repeat the process so why bother. Von überall könnte das Volk, Urbrut alles Undemokratischen, Zelle des Terrors, über die gewählten Hüter von Wachstum und Wohlstand® kommen. - flatter
We are back at the "stupid or evil" question. The two aren't mutually exclusive, though.
Not even if one assumed the euro could not be saved (and it is true that so far I don't see it's impossible to do so), would Merkel's policy make sense. She is deliberately creating tension between European peoples. I don't see anyway that her policy saves some cents if the euro breaks up. Even if it did, we would pay dearly elsewhere for it.
And even if that were tried, I have serious doubts about inflation being easier to control in the periphery than in Germany. So even if the ECB opens the floodgates, we have no guarantee the price/wage feedback would be worse in the periphery, worsening the situation.
Secondly, I was talking about a policy that makes political sense, not economic sense.
The current level of imports in the European periphery could be sustained only if Germany directly pays for them. So German exports to the Eurozone shall drop in any case
I believe Meck-Pomm can't pay their imports either. Can we kick those lazies out too, please?
Now, Germany could allow wages to rise in Germany.
I would appreciate that. I note that current policy is to crush wages in the periphery, though.
However, most German exports go outside the Eurozone.
You are a bit cavalier about the ~ 40% "exports" that remain in the currency union. Hey, wait, exports? Why are they "exports"? You are not by any chance from Meck-Pomm, Saarland, or some other lazyland, are you, Oliver?
I have serious doubts about inflation being easier to control in the periphery than in Germany
Sigh. Which inflation?
A policy that makes any sense would be nice. Er, do you think a policy that makes no economic sense can make political sense?
Er, do you think a policy that makes no economic sense can make political sense?
Sadly yes.
(Sigh...)
- Yes Minister If you only spend 20 minutes of the rest of your life on economics, go spend them here.
- Jake If you only spend 20 minutes of the rest of your life on economics, go spend them here.
most German exports go outside the Eurozone
~60% of German exports go to European countries, most of which are either in the euro area or are converging towards the euro, ie have their currency pegged. It would take a little digging to estimate the percentage that goes to euro + euro-pegged countries, but it is unlikely to be less than 50%.
And even if that were tried, I have serious doubts about inflation being easier to control in the periphery than in Germany.
Except if you're a bankster. But fuck the banksters.
Recall: To make or break the euro: Germany's euro trilemma By: Jörg Bibow (24.02.2012)
Replacing lending by transfers, fiscal union proper could save and make the euro overnight. By contrast, ECB liquidity cannot make competitiveness imbalances and the corresponding debt flows go away, even as the foul debts now accumulate on the Eurosystem's balance sheet. So here is the euro trilemma: Germany cannot have all three, perpetual export surpluses, a no-transfer/no-bailout monetary union, and a "clean" independent central bank. Germany's call.
We are facing an economic imbalance
Why did I mention Meck-Pomm? What is the difference between Greece and Meck-Pomm? Do you want to kick out Meck-Pomm too? So: what about the economic imbalance?
However, it would be dishonest to not go to the heart of the matter. There is a German people. There is no European people. Therefore parts of Germany pay for other parts. To be sure there's a limit to that solidarity. Berlin begins testing it. And there's some European solidarity. But it is not strong enough, nor would the potential recipients of that solidarity accept the loss of their independence.
"To be sure there's a limit to that solidarity." Hehe. That remark sounds Bavarian: they have received Länderfinanzausgleich for 32 years, and it enabled them to industrialise and get rid of an excess of southerly laziness. Apparently the method of a transfer union is successful. The moment these southerners became competitive, they demonstrated their ungratefulness and started whining: yes, Bavarians, now you've got to pay. And if you don't like it, stop that talk of secession: do it. Good riddance. German people, my foot. And then Bavaria will see that it depended on being part of a larger unit.
Any people is an invention. Nevertheless it is real and cannot be disregarded for more than a certain extent and a certain time
A loaded statement. Apparently you mean the German people, and not the European one. And you take for granted that someone wants to treat it as not real and to disregard it. Do elaborate, Oliver.
We don't agree on what the question of the referendum must be, and consequently about the outcome.
Who is and who isn't included in your "German people"? East Germans? Austrians? Swiss Germans? Spätaussiedler? People born & raised in Germany with or without German as first language but with parents or grandparents elsewhere? And is inclusion or exclusion dependent on context?
Do you think a measure decided on by politicians with the justification of solidarity is a direct and exclusive function of solidarity felt by the population? *Lunatic*, n. One whose delusions are out of fashion.
The German people is what the German people consider the German people. And you cannot completely overrule the people here. The level of transfers necessary would require giving up independence. This requires referenda.
LOL. I asked you. If I asked someone else from the circle you consider competent to answer the question, I'd expect to get different answers. (And what about people who consider themselves part of the "German people" but aren't considered to be part of them by other self-described Germans? Or the opposite? Do their opinions count?) *Lunatic*, n. One whose delusions are out of fashion.
But it really doesn't matter what I personally think.
What about ethnic Germans who don't accept "certain norms"? (Which?)
And again, whose opinion counts if yours doesn't? *Lunatic*, n. One whose delusions are out of fashion.
It helps but it has never been a necessity. Common labour markets emerged just fine in every conurbation in multi-language settings, from Austria-Hungary to Nigeria; and work force migration well beyond language borders is quite common across history, be it the mostly Italian workers who built railways in Germany or African victims of slave trade.
independence movements are not unknown in parts of India.
This would have a connection to the economic rationality of a common currency only if you think that India's fragmentation into single-language statelets is a likely, nay unavoidable development.
they had no problem imposing internal devaluation on provinces
They had no problem with strategic investment, either. *Lunatic*, n. One whose delusions are out of fashion.
Sovereigns don't fund their implicit guarantees out of taxes, but out of seigniorage. The Maastricht rules have basically destroyed the ability of the Eurozone to fund public pensions, health care, and bank deposit guarantees.
Time to abandon Bundesbank fundamentalism and allow central bank monetization of implicit sovereign guarantees. If you are not convinced, try it on someone who has not been entirely debauched by economics. — Piero Sraffa
(Maybe I'll do a writeup of the recent tax agreement once I can write it without interspersing swear words in every sentence.)
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