the issuing of ordinances so devised as not to contravene the
constitution, existing law, or the proper prerogatives of any
constituted authority, Imperial or state. In the second place, certain
powers vested in the Emperor may be exercised only with the
Bundesrath's consent. Most important of these are: (1) the declaration
of war, save in the event of an attack upon the territory or coasts of
the Empire; (2) the concluding of treaties, in so far as they relate
to matters falling within the range of Imperial legislation; and (3)
the carrying out of an "execution" against a delinquent state. Finally
certain relations are maintained with the Reichstag which involve the
exercise of authority that is essentially executive. With the assent
of the Emperor, the Bundesrath may dissolve the popular chamber; and
every member of the Bundesrath has the right to appear in the (p. 222)
Reichstag and to be heard there at any time upon his own request,
somewhat after the manner of a minister in a parliamentary
government.[324] Large functions in connection with public finance,
likewise, are vested in the body. By it the annual budget is prepared,
the accounts which the Empire carries with the states are audited, and
important supervisory relations with the Imperial Bank, the Imperial
Debt Commission, and other fiscal agencies, are maintained. Lastly,
there is some participation in the power of appointment; for although
that power, as such, is vested in the Emperor, officials of some kinds
(e.g., judges of the Imperial Court) are actually chosen by the
Bundesrath, and in many other instances the body preserves an
acknowledged right to approve appointments which are made.

[Footnote 323: Art. 7. Dodd, I., 329.]

[Footnote 324: Arts. 9 and 24. Dodd, Modern
Constitutions, I., 330-333. It should be observed,
however, that the members of the Bundesrath are
authorized to appear in the Reichstag, not for the
purpose of advocating a measure which the
Bundesrath has enacted, or would be willing to
enact, but simply to voice the interests or demands
of their own states.]

*234. Judicial Powers.*--In its judicial capacity the Bundesrath sits as
a supreme court of appeal, to which cases may be carried from the
tribunals of a state, when it can be shown that justice is not