The federal letter of early August 1291 is genuine. However, it is a simple peace alliance between Uri, Schwyz and Nidwalden – a “confederation” of the kind that existed at the time. It was not until the 15th century that a broad network of alliances formed around the Waldstätte, Lucerne, Zurich and Bern in what is now Switzerland.
But not all places are directly connected to each other and also join others. In shifting alliances, they wage wars, fight over religion, export cheese, Calvinism, and mercenaries. Until 1798 there was no federal treaty covering all cantons together. Only after the French invasion did the alliance get a constitution and become the Helvetic Republic.
Napoleon must mediate
But the enlightened unitary state did not last long. No sooner had the foreign troops left than civil war broke out. Napoleon has to mediate and gets on the nerves of the Swiss central authority with the mediation constitution of 1803.
After the fall of Napoleon, the cantons signed a federal treaty of sovereign petty states in 1815 and received neutral buffer zone status confirmed by the major European powers. In fact, they no longer wage wars against foreign powers. Instead, they start another civil war in 1847.
It is a conflict between Catholic-conservative cantons, who defend their independence, and their liberal opponents, who want to transform the loose confederation of states into a federal state. Confessional differences fuel the dispute: when Aargau dissolves the monasteries in 1841, violating the federal treaty of 1815, Catholic Lucerne responds by recalling the Jesuit Order – the polarizing embodiment of the Counter-Reformation.
Civil War 1847
Radical volunteers then attacked the people of Lucerne, who eventually joined forces with the other conservative Catholic cantons of Uri, Schwyz, Unterwalden, Zug, Freiburg and Valais to form a “protective society”. To their liberal opponents, however, this is a “special alliance” that violates the federal treaty. Civil war broke out in November 1847, which the Liberal troops led by General Henri Dufour won after 27 days.
The victors enforce the state. In a referendum, a majority of the cantons say yes to the federal constitution. On September 12, 1848, the Diet declared the new constitution accepted. Article 42 states: “Every citizen of the canton is a Swiss citizen.”
From that moment on, the people send representatives to the National Council and the Council of States, following the American example. The United Federal Assembly elects the seven federal councilors – until 1891 they were all Liberals. You are responsible for defending Switzerland’s interests against the outside world. The cantons, on the other hand, retain central powers such as taxation, schools, police and transport. The federalism that the Sonderbund fought for also plays a central role in the new federal state.
Only two total revisions to the constitution since 1848
The constitution contains within itself the possibility of change. It therefore remains changeable and has so far only been completely revised twice, in 1874 and 1999. But this people is not a homogeneous actor – neither ethnically nor linguistically-culturally. Therefore, in the midst of monarchies, the republic defines itself as a “nation of the will”. Their relatives gather around a unifying original legend from the 15th century, which a German retells for them: Friedrich Schiller’s play “Wilhelm Tell”, which premiered in 1804, made the myth of the brave Alpine hunter and the Rütli oath of 1291 world famous .
Particularly important for the young nation-state, which is trying to involve the conservative losers of the war: According to legend, Switzerland was born out of a struggle between free peasants against Habsburg oppressors – not civil war. That is why in 1891, when Josef Zemp, the first Catholic-Conservative federal councilor, took up residence in Bern, 12 August was not declared a national holiday, but 1 August. As of now, the central code for Switzerland is 1291.
1848 marks the birth of democratic Switzerland
But historically, 1848 is the pivotal year. It marks the birth of the democratic Swiss constitutional state – and of modern federalism, which gives the cantons a strong role alongside the central authority. Switzerland still benefits from this shared sovereignty in the federal state, even if things do not always run smoothly in crisis situations.
In 2023, the country will ask itself whether this recipe can also work at a higher level: how much power do the Southerners want to give to the EU in order to continue to benefit from the European internal market? Does the idea of shared sovereignty also promise opportunities internationally – or will Switzerland fare better if it chooses to go it alone like Willem Tell?