in the Bundesrath, i 156; specific rights and exemptions under the Constitution, i 158, 159, 160, 161; exemption as to subjects of taxation, i 160, 253 ff., ii 175, 282; right to preside in Bundesrath in absence of the Prussian representative, i 159, ii 87; entitled to the chair in committee of Federal Council on for- eign affairs, i 158, ii 87; and to a seat in committee on army and fortifications, i 158, ii 88; has exclusive regulation of foreign postal and telegraphic inter- course, i 160, ii 169; exemption from fed- eral regulation of internal railway, post- al and telegraphic systems, i 160, ii 170, 283; has power to regulate its law of domicile and settlement, i 160, ii 173; exemption from payment of military dues, ii 175; military exemption, i 161, ii 178, 285; exemption from the power of the Emperor to fix railway tariff in times of distress, ii 283; the Bavarian army, ii 285; exempted from the power of the Emperor to establish fortifica- tions, ii 286; and declare the state of siege, ii 286.
Belgium, ethnology of its population, i 23. Belknap (U. S.), precedent regarding ju-
risdiction of the Senate as a court of impeachment set by the trial of, ii 334. Berlin, Convention of, 1867 (G.), i 58. Bicameral system, with substantial parity of powers, in organization of the legisla- ture, United States, ii 41; Great Britain, ii 59; Germany, ii 77; France, ii 94; general principles, ii 106; reasons are: 1. necessity for a double deliberation, ii 107; 2. to preserve balance of power between the executive and legislature, ii 107; occasion for the adoption of the system, ii 108; financial legislation the exception to parity of powers, ii 109; occasion therefor, ii 109; incongruity of the exception to-day, ii 109.
Bill of Attainder (U. S.), i 186, 201 ff. Bishops (E.), sit in House of Lords, ii 64; resignation of episcopal office, ii 69; sit in Judicial Committee of the Privy Council, ii 340. Bismarck, i 132. Blackstone, believes that the succession
to the crown is governed by house-law, ii 187; defines the royal prerogative,
ii 197. Blount (U. S.), precedent set by his trial, regarding the power of the Senate to arrest and confine pending trial upon impeachment, ii 336.
Bluntschli, i 74; his classification of the forms of State, i 75, 77; confounds State and government, i 76. Bonaparte, Napoleon (F.), did not intro- duce the plébiscite, i 128; and the Direc- tory, i 129; applies Jacobinistic princi- ples, i 129.
Bonapartism, its character, ii 3.
Bonds, Commonwealth (U. S.), how far exempt from taxation, i 199. Bordeaux Convention (F.), i 132. Bourbons (F.), restoration of (1814), i 129. Bourgeoisie (F.), union with King, i 126; checked by King's recklessness, i 126, 127.
Bowdoin, discovers defect in Articles of Confederation (U. S.), i 102; effort to cure it fails, i 102.
Bradley, Mr. Justice, dissents from ma- jority of Supreme Court in Slaughter House Cases (U.S.), i 226.
Brandenburg, a party to the Pactum Con- fraternitatis, 1457, ii 266. (See Prussia.) Bremen, alliance with Prussia (1865), i 116.
Brisson, definition of a crime (F.), ii 303. British Isles, i6; ethnology of their popu lation, i 13 ff.; as a political division, i 22; nationalities inhabiting them, i 22. (See England, Great Britain.) Broglie, de (F.), first ministry of (1873- 1876), ii 24: second ministry of (1877), ii 25.
Brunswick (G.), i 116; in the Bundes- rath, i 156.
Brunswick, House of (E.), its tenure, ii 185.
Bulgaria, ethnology of its population, i 28. Bundesrath (Federal Council) (G.), func- tion in amending Constitution, i 155, 156; in legislation, i 155, 156; extraor- dinary majority in amending Constitu- tion, i 156; organization, i 156; appeal to, against Commonwealth that vio- lates civil liberties, i 258 ff.; may coerce a recusant Commonwealth, i 258 ff.; mandate depends on Commonwealth, ii 78, 111; appointment by Common- wealth governments the source of the mandate, i 79; principle of representa- tion, i 80, 114; historical justification of the principle of representation, i 80; representation is instructed, i 81, 116; votes by Commonwealths, i 81; qualifi cation for membership left to the indi- vidual Commonwealths, i 81; constitu- tional disqualifications, i 82; members enjoy privileges of freedom from insult,
i 83, 122; of extra-territoriality, i 83; of appearing in the Reichstag (Diet), i 83; Emperor calls, adjourns, and prorogues, ii 84, 278; Bundesrath may prevent dis- solution of the Diet, ii 85, 278; and compel its own assembly, ii 85, 278; quorum, ii 85, 125 ff.; is presided over by the Chancellor, ii 86; passes on the credentials of its members, ii 349; or- ganization of committees, ii 87, 278; re- siduary powers, ii 88; the initiation of legislation, ii 89; passage of a law, ii 92; Prussian veto and preponderance in certain cases, ii 91, 128; rule that only the votes of Commonwealths af- fected by proposed legislation shall be counted, ii 91; possesses the residuary ordinance power, ii 179; its consent necessary to every declaration of offen- sive war, ii 276; and to the conclusion of every treaty touching a subject reg- ulated by a constitutional or statutory law, ii 276; Judicial power of the Bun- desrath: 1. To settle political conflicts between Commonwealths, ii 181, 347; 2. To settle conflicts within Common- wealths by friendly intermediation, ii 181, 349; 3. May intercede with a Com- monwealth which denies or delays jus- tice, ii 350; implied power of supervising the administration of justice, ii 351; 4. Shall determine when a Commonwealth fails in its duties to the Empire, ii 357; comparative study, ii 359, 362, 364. Cabinet (E.), definitions, ii 209 ff.; history, ii 210 ff.; composition, ii 213; powers, ii 213; tenure, ii 214; responsibility to newly elected House of Commons, ii 214; is the immediate representative of the State, ii 215. Cabinet (U. S., defined, ii 263; is an
extra-legal voluntary association, ii 263. Cæsar, description of pure Germanic State, i 245.
Cæsarism in Russia, i 32; its nearness to democracy, i 128; and the plébiscite, i 133; its character, ii 3.
Cambridge University, representation in House of Commons, ii 62, 66, 67. Capet, Hugh, election of (F.), i 126. Capitation Tax a direct tax (U. S.), i 199. Capture in time of war distinguished from forfeiture for treason (U. S.), ii 149 ff. "Captures upon land and sea" (U. S.), defined, ii 133.
Captures in war (G.) disposed of by Im- perial legislature, ii 180.
Carolingian Empire the first political or-
ganization of the German Empire, i 109; outline thereof, i 109: the point of departure in tracing the history of the French Constitution, i 125. Carpathians, i 9, 10.
"Case in law or equity" (U. S.) defined, ii 325. Case
distinguished from contro-
versy" (U.S.), ii 325. Cassation, Court of (F.), referred to, ii 363. Celts, power of political organization, i 4; ethnology, i 13, 14; in the United States of America, i 19; political psychology, i33; the clan the highest Celtic political organization, i 33; effects on political history, i 34.
Central district of Europe as a geographic
unity, i 9; ethnology of its population, i 16; political divisions, i 25. (See Germany.)
Centralization, in the non-national State, i 3.
Centralized government, explained and defined, ii 4; best suited for completely national States, ii 5; other States forced to adopt it, ii 5; present dissatisfaction with this form, ii 38.
Chancellor (G.), the only imperial minis- ter, i 261; president of the Federal Council, ii 86; must countersign all civil official acts of the Emperor, i 286; thereby assumes responsibility therefor, ii 284, 287; not responsible to the legis- lature, ii 287; may be represented, ii 287. Chancellor, Lord (E.), is customary speaker of the House of Lords, ii 74; presides over the House of Lords sit- ting as a judicial body in certain cases, ii 341, 343, 344. Character.
See National Political Char-
Charles II. (E.), forms a Cabinet, ii 211. Charles V. (G.), attempts to restore the imperial sovereignty, i 112. Charles VII. (F.), i 127.
Charles X. (F.), proclaims the sovereignty of the King, i 129.
Chase, Chief-Justice (U. S.), dissents from the majority in the Slaughter House Cases, i 226; dissenting opinion in the Milligan Case, i 250. Chief-Justice (U. S.), shall preside over the Senate when the President is tried, ii 333.
Chinese, in the United States of America, i 29.
Chitty, on the Prerogative (E.), ii 206.
Christianity, and the political civilization
Chiltern Hundreds, Stewardship of, in- compatible with membership of House of Commons, ii 67. Church, as an organizer, i 61. Church Discipline Act (E.), referred to, ii 340.
Church, established (E.), duties of crown toward, ii 190, 196; powers of crown over, ii 207.
Citizenship of the German Empire, i 255 ff., ii 173.
Citizenship of the United States, term de- fined, i 218; history of the term, i 219; is conferred by the Constitution and laws of the United States, i 219; Common- wealths can neither confer nor withhold it, i 219; confusion of thought on this subject, i 220; doctrine of Slaughter House Cases, i 221; of Elk v. Wilkins, i 222. Citizenship, territorial, and the State, i 51. City of N. Y. v. Miln, doctrine of, i 213. Civil liberty. See Liberty, individual. Civil Rights Act (U. S.) (1866), i 203, 205, 209, 222; (1870), i 209; (1875), i 204, 209.
Civil Rights Cases (U. S.), i 204. Civilization, of the world, the ultimate end
of the State, i 85, 86; national civiliza- tion the secondary end, i 86. Civil Law, assists the absolute monarchy, i 215.
Clan, the highest political organization of the Celt, i 33.
Classic State, i 73; and individual liberty,
Cockburn, Lord Chief-Justice, on the power of the crown to establish martial law (E.), ii 204.
Code Pénal (F.), Art. 471, § 15, sanctions the ordinance power of the President,
Coke, on the minority of the wearer of the crown (E.), ii 190. Colony, defined, i 77.
Commerce (U. S.), term defined, ii 134; Interstate, i 232; defined, ii 137; power of Congress in respect to, ii 137 ff.; Foreign, i 233; Congressional regula- tion of, ii 134 ff.; Commerce with the Indian tribes, i 232, ii 138; Acts of 1871 and 1885, ii 138.
Commons, House of, in the fifteenth century, i 93; occupies a double posi- tion, i 95; is lower branch of the legis- lature, i 95; and sovereign organization
of the State, i 95; is the perpetual consti- tutional convention, i 97, 138, 139; may overcome King and Lords when acting in that capacity, i 97; the welfare of the State depends on the majority of the House, i 141; Organization, qualifica- tions of electors generally, ii 59; in Eng- lish counties, ii 60; in Scotch counties, ii 60; in Irish counties, ii 60: qualifica- tions of non-owners of an estate or inter- est in realty, ii 61; disqualifications of electors, ii 62; criticism of the suffrage, ii 62; House of Commons determined questions of disputed election, 1604- 1868, ii 65; these are now determined by Q. B. D., ii 65; original principle of representation, ii 65; since 1832, ii 65: principle of the Act of 1885, 66: ex- ceptions and modifications. ii 66; mem- bers are uninstructed, ii 67; resignation of membership, ii 67; qualifications of membership, ii 69; immunity from ar- rest, ii 70, 121; freedom of speech, ii 71; summons, prorogation, dissolution, of the house, ii 72 ff.; self-adjournment, ii 72; quorum fixed by rules of the house, ii 73, 125; the house elects its speaker, ii 74; but not other officers, ii 74; makes its own rules of procedure and discipline, 74; may commit an outsider for contempt for the duration of the session, ii 74, 75; mode of legis- lation, ii 76, 128.
Commonwealth, of the American Union, term defined, i 201, 210; immunities of individual as against, i 201 ff.; viola- tion of due process of law, by its offi- cers, i 210; its police power, not inter- fered with by Fourteenth Amendment, i 214 ff.; fixes the domain of the police power, i 216; can neither confer nor with- hold citizenship of the United States, i 219; down to 1861, it was the protector and definer of civil liberty, i 224; inhi- bition of Fourteenth Amendment is di- rected against all its agents and officers, i 230; the Commonwealth may not in- terfere with inter-Commonwealth com- merce, i 232; except where Congress has not acted, ii 138; nor with inter- course with Indian tribes, i 232; nor with foreign commerce, i 233; except under limitations and restrictions, ii 134 ff.; nor with the property and agen- cies of the general government, i 233, ii 153; eminent domain of the Common- wealth, i 233, 239 ff., ii 153; the Common- wealth may not depreciate the property
of its creditors, i 234, ii 142; nor impair the obligation of contracts, i 251 ff.; how far this limits power to alter judi- cial procedure, i 236; police power not limited thereby, i 237; may not rescind an exemption from taxation, i 238 ff.; cannot divest itself of power of eminent domain, i 239 ff.; Eleventh Amend- ment limited by judicial interpretation, i 214 ff., ii 331 ff.; matters exclusively of federal control excepted from Com- monwealth action, i 244; the Common- wealth may make nothing except gold and silver coin a legal tender, i 142; may legislate in respect to patents and copyrights in the absence of legislation by Congress, ii 144; may legislate con- cerning naturalization, ii 145; may pass insolvency laws, in the absence of a national bankruptcy act, ii 146; Com- monwealth legislation punishing coun- terfeiting and treason, ii 147; treason against a Commonwealth, ii 150; federal government may not tax its necessary governmental agencies, ii 151; Com- monwealth may not keep army or navy in time of peace, ii 154; may not pro- hibit people from bearing or keeping arms, ii 155; must cede jurisdiction over places within its confines, acquired for federal purposes, ii 160; erection of new Commonwealth out of territory of old Commonwealth, ii 162; in admission of Commonwealth, Congress only de- termines the moment when the grant of power takes effect, ii 163; the grant is from the Constitution, ii 163; and not subject to Congressional limitation, ii 163; withdrawal of Commonwealth powers, ii 164; power of commander-in- chief to suspend them on theatres of war, ii 164; resistance to central government terminates Commonwealth existence, ii 164; duty of Congress to maintain republican government in Common- wealth, i 165; individual Common- wealths not indestructible, as distin- guished from the federal system, ii 166; shall appoint electors of President and Vice-President, i 216; "State" here means legislature, ii 216, 218; limita- tions upon its power of directing the manner of choice, ii 217 ff.; question which arises where Commonwealth or- ganic law directs the manner, ii 219; Commonwealth is forbidden to make treaties with foreign States, ii 248; may make an agreement therewith, with the
consent of Congress, ii 248; may send and receive diplomatic agents with con- sent of Congress, ii 252; appoints offi- cers of the militia, ii 262; its officers are excepted from the jurisdiction of the Senate as a Court of Impeachment, ii 333.
Commonwealth, of the German Empire (see various German Commonwealths), may initiate legislation, ii 89; possess diplomatic powers concerning postal and telegraphic communications, ii 168; regulation of foreign commerce, ii 169; may levy tolls for use of harbor privi- leges and maritime establishment, ii 169; possesses concurrent power to regulate commerce within and between Com- monwealths, ii 169 ff.; to build roads and regulate weights and measures, ii 171; concurrent power to regulate mon- etary system, ii 172; concurrent power to legislate in respect to crime, ii 173 ff.; concurrent power in respect to citizen- ship, ii 174; concurrent regulation of medical and veterinary practice, ii 174; is subject to requisitions, ii 175; military dues, ii 175; constitutional conflicts within Commonwealths settled by in- termediation of Bundesrath and deter- mined by Imperial legislation, ii 181, 349, 350; between Commonwealths by the Bundesrath, 181, 347 ff.; Com- monwealth administers Imperial laws, ii 281; its powers in the appointment of officers of the army, ii 285; may be inter- ceded with by the Bundesrath where it denies or delays justice, ii 350 ff. Common Law (U. S.), the doctrine that
there is no United States common law within the Commonwealths, i 240, ii 328.
Common Pleas, Court of (E.), formerly decided disputed elections to the House of Commons, ii 65.
Community organization, i 31; relation to the political history of Greek and Slav, i 31.
Commutation of penalty," defined, ii 262. Compensation of members of legislature, in United States, ii 53, 119; Great Brit- ain, ii 119; Germany, ii 119; France, ii 101, 119; expediency of the principle, ii 120; of President (U. S.), ii 244; of President (F.), ii 292. Compound State, so-called, i 77. Comprehensiveness of the State, i 52. Compromise of 1850 (U. S.), ii 232.
Concept of the State, Part I, Bk. II,
Chap. I, i 49-58; defined, subject of public law, i 51. Confederacy analyzed, i 79; its constitu- tion, i 79; unanimity of the members essential, i 144 ff.
Confederate government, defined, ii 6; is transient, ii 6.
Congress, see United States, passim; as an organ for amending the Constitution, i 144; may select an alternative method of amending the Constitution, i 146; has evolved no system of procedure in amending, i 146; does not regard the assent of the President as necessary in amending,
147; Congressional prac- tice, and constitutional law in amend- ing, i 148, 149; a method of amendment suggested, i 152, 153; Congress deter- mines the expediency of exercising war powers, i 191; may ordain universal military service, i 246. Organization of Congress. 1. General principles, ii 41. 2. Suffrage from which the legislature pro- ceeds, ii 41 ff.; inhabitants of territories have no constitutional representation, ii 42; modification introduced by Fif- teenth Amendment, ii 42; Congress may regulate the election of its members, ii 43; statutory regulation of the time of election, ii 43; of the manner, ii 44, 45; each house is the judge of the election of its members, ii 46. 3. Principle of representation, 46 ff.; A. in the House of Representatives, ii 46-49; (a) the original provision, ii 46; (b) modifica- tion introduced by the Thirteenth Amendment, ii 46; (c) modification introduced by the Fourteenth Amend- ment, i 46; no authoritative inter- pretation of which exists, ii 47; (d) apportionment: Act of 1882, ii 48; its constitutionality considered, ii 48, 49: B. In the Senate, ii 49, 114; represen- tation is secured against amendment in the ordinary manner, ii 49; C. In both houses, is uninstructed, ii 50; resigna- tion of a member, ii 51. 4. Qualifica- tions of members, ii 51; each house the judge of the qualifications of its members, i 51; constitutional qualifi- cations cannot be diminished or in- creased, i 52; disqualifications, ii 52, 117. 5. Rights and privileges of mem- bership, ii 53 ff.; (a) right to compen- sation, ii 53, 119; (b) privilege from arrest, ii 53, 121; term of this privilege, ii 53; (c) freedom of speech, ii 54. 6. Assembly and adjournment of the
legislature, ii 54 ff., 123, 252; regular and extraordinary assembly, ii 54, 252; implied power of self-adjournment, ii 54, 55, 252; not subject to executive approval, ii 58; formalities attending opening and close of the session, ii 55; dissolution by limitation only, ii 55. 7. Principle of the quorum, ii 55, 124. 8. Internal organization of the houses, ii 56, 57; general power of internal organ- ization of each house, ii 56; subject to four limitations in the case of the Sen- ate, ii 56; and three limitations in the case of the House of Representatives, ii 56; no general power to punish out- siders for contempt, ii 56; enumeration of the judicial powers of Congress or either house thereof, ii 57; limitation of punishment, ii 57. 9. Mode of legis- lation, ii 57 ff., 252 ff., 255 ff.; details are determined by each house, ii 58. Powers of Congress. 1. In respect to foreign relations, ii 133 ff.; to declare war, ii 133; grant letters of marque and reprisal, ii 133; make rules concerning captures on land and water, ii 133; de- fine and punish piracies, felonies, etc., and offences against the law of nations, ii 133; these powers are exclusive, ii 134. 2. Foreign commerce, ii 134 ff.; power is exclusive, ii 134; except of treaty- making organ, ii 136; Congress may au- thorize Commonwealths to lay imposts on imports, exports and tonnage, ii 134; limitations upon power of Congress, ii 135; Congressional restrictions upon Commonwealth action, ii 135. 3. Inter- nal commerce, ii 137 ff.; (a) among the Commonwealths, ii 137; power is exclusive, ii 137; Commonwealths may act until Congress acts, ii 138; (b) with the Indian tribes, ii 138; is exclusive, ii 138; (c) the post-office, ii 139; a gov- ernmental monopoly, ii 139; limitations, ii 139 ff.; the telegraph system, ii 140; (d) power to fix the standard of weights and measures, not exclusive, i 141. 4. Monetary system, ii 142 ff.; power is exclusive, ii 142. 5. Patents and copy- rights, ii 143; power not exclusive, ii 144. 6. Naturalization, 144 ff.; power not exclusive of (a) the Commonwealths, ii 145; (b) the treaty-making organ, ii 145; criticism of the system, ii 146. 7. Bankruptcy, ii 146 ff.; Commonwealth insolvency laws in the absence thereof, ii 146. 8. Crime, ii 147 ff.; subjects of punishment, ii 147; limitations, i 185-
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