A. Introduction Even experienced scholars will have to think for quite a while when asked to remember whether a similar situation has ever occurred: A tiny constitutional provision in the organisational part of the Grundgesetz (GG – Basic Law), not exactly neglected by learned writers but definitely never seen as a source of major problems, became the starting point of one of the most emotional outbursts German politics has ever experienced. The said provision, Article 51.3 Sent. 2 of the Basic Law, dealing with the voting procedure in the Bundesrat innocently says that the votes of one Land's representatives "können" (‘can") be cast only unanimously. (1) In order to understand the causes for the earthquake that struck the German political and constitutional system in the 774th session of the Bundesrat on 22 March 2002 it is essential to shed light on the structure and the constitutional role of the Bundesrat. I. The Structure and the Constitutional Role of the Bundesrat The Länder (Federal States) participate in creating legislation for and administering the Federal State through the Bundesrat (Article 50 GG). The governments of the German Länder send three or more representatives to the Bundesrat (the actual number depending upon their population (2)). According to Article 78 of the Basic Law the constitution requires legislative acts to be passed by both chambers, (3) the Bundestag (Federal Parliament) and the Bundesrat (Federal Council of the States). This constitutional situation makes it necessary for a German Federal Government to rely not only on its majority in Parliament. In order to pass legislative acts the government and its supporting parliamentary majority also need political support from the majority of Länder governments; or formally speaking: by the majority of Länder representatives in the Bundesrat. If the political background of a...