The
German Empire's federal structure differed markedly from those of the more centralized European powers of the time such as England and France. Historian
Thomas Nipperdey went so far as to call the Empire's
federalism the "central fact of its existence". Most of the territory that became the German Empire in 1871 had been part of the highly fragmented
Holy Roman Empire (800–1806). At the outbreak of the
Napoleonic Wars of 1803–1815, it was made up of over 300 individual states ranging in size and type from tiny imperial abbeys to relatively large duchies and principalities; all of them were subject to the
Holy Roman Emperor in Vienna (since 1745). In 1803,
Napoleon abolished 112 of the smallest entities (via the ) by combining them with neighboring states. The Holy Roman Empire – often called the Holy Roman Empire of the German Nation after 1512 – was itself
dissolved in 1806. At the same time, the German states except
Austria and
Prussia were consolidated further and incorporated into a French
client state, the
Confederation of the Rhine. in 1789, showing its fractured makeup. The major exceptions were
Prussia (darkest blue) and the
Habsburg holdings (orange). After Napoleon's defeat, the
Congress of Vienna (1814–1815) created the 39-state
German Confederation, which included Austria and Prussia along with the states that had made up the Confederation of the Rhine. It was a loose federation formed primarily for defensive purposes and lacked both a central executive and judiciary. Its strongly federal structure was emphasized in the second article of its
constitution which guaranteed "the independence and inviolability of the confederated States". The German Confederation was replaced by the
North German Confederation in 1866 after Prussia defeated Austria in the
Austro-Prussian War. Its 22 states, dominated by Prussia, were north of the
Main river and notably excluded Austria. The upper chamber of the North German Confederation's parliament, the Bundesrat, was made up of representatives appointed by the states and was the Confederation's federal authority. In the aftermath of the
Franco-Prussian War of 1870–1871, the states south of the Main –
Baden, Upper
Hesse,
Bavaria and
Württemberg – joined the North German Confederation to form the German Empire and complete the
unification of Germany. The new empire was a federation of 25 kingdoms, duchies, principalities, free cities and the imperial territory of
Alsace–Lorraine.
Its constitution contained only relatively minor modifications to the
Constitution of the North German Confederation and remained strongly federalized, with the
Bundesrat as the upper chamber of parliament and significant particularist concessions ("reserve rights") granted to some of the larger constituent states (see section below). Both constitutions were largely the work of the Empire's first chancellor,
Otto von Bismarck. == The states in the constitution ==