CONSTITUTIONAL law, FEDERAL government, CONSTITUTIONAL history, ALLIED occupation of Germany, 1945-1955
Abstract
This article examines the complex interplay between the American military governor and German political leaders through an analysis of two crises that occurred over the making of the Basic Law. Why did a trial of strength between General Lucius Clay and the Social Democratic Party leadership in March and April 1949 come about? Understanding Clay's intervention in the politics of constitution-making in occupied Germany requires a more probing investigation than references to the temperament of a “proconsul” or a bias against a left-wing party. The analysis of Clay's intervention in this account shows how the Social Democrats evaded and challenged directives from the occupation authorities, and illuminates the limits of his influence over German framers of the Basic Law. [ABSTRACT FROM AUTHOR]