195; power not exclusive, ii 147; re- strictions upon punishment of treason, ii 148; penalties therefor, ii 148; dis- tinction between confiscation and cap- ture in time of war, ii 159, treason against a Commonwealth, ii 150. 9. Rev- enue and expenditure, ii 150 ff.; limita- tions upon the subjects of the taxing power, ii 150; on the method of levy, ii 151; on the purpose of taxation, ii 152; difficulty in practice, ii 152; appropria- tions for the army, ii 152, 154; to what extent this power is exclusive, ii 153; power of eminent domain, not exclusive, ii 153- power to construct the entire military system is vested in Congress, ii 154; Commonwealths may not prohibit the people from keeping and bearing arms, ii 155; Congress may not usurp the command, i 155, 260; the power to suspend the writ of habeas corpus, ii 155; shared by President and Congress, ii 155, 259. 11. Organization and pro- cedure of the courts, ii 156 ff.; whole judicial system except Supreme Court subject to Congress, ii 156; may not deprive judges of compensation, ii 157; judgeships of Supreme Court created by Congress, ii 157; may regulate appeals, ii 158, 331; and removal of causes, ii 158; prescribe manner of proof of Commonwealth records, etc., ii 158; and rules for the return of fugitives from justice, ii 158; power is exclusive, ii 158; may bring Congress into collision with the executive and judiciary, ii 159. 12. Territories, districts, and places not under the federal system, ii 159 ff.; power is exclusive, limited only by the domain of civil liberty, ii 159: Com- monwealths must cede jurisdiction, ii 160; Congress may re-cede, ii 160; doctrine of 1820-1860, ii 161; power to admit foreign states, ii 162; constitu- tional methods are treaty and conquest, ii 162; the Texas precedent, ii 162; limitation on power to create new Commonwealths out of territory under Commonwealth government, ii 162; Congress merely determines the mo- ment when the grant of Commonwealth powers takes effect, ii 163; the powers are vested by the Constitution, ii 163; no power of Congress to limit them, ii 163; Congress determines the existence of the conditions under which the Constitution withdraws them, ii 164;
10. Military system, ii 153; the
power of commander-in-c ief to sus pend self-government on the ticate of war, ii 164; resistance to the central government determines Commonwea.ti existence, ii 164; duty to maintain re- publican government in every Com- monwealth, ii 165. 13. Administrative measures, ii 156 ff.; Congress pos- sesses the ordinance power, ii 166; may adopt any appropriate ways and means not forbidden, ii 167; comparison with the legislature of the German Empire, ii 182; may remove disqualifications for holding office, i 52, 144: power of interpreting the Constitution, ii 221; theory that Congress may regulate the dismissal and suspension of officers by law, ii 250; exercises check over up- matic powers of the President, 1 252; President must inform Congress of the state of the Union, and rec.mmerd measures, i 252; members are ex- empted from the jurisdiction of the Senate as a Court of Impeachment, ii
Congress, under the Artices of Confed- eration (U.S.), i 101, 104, 144 145- Continental Congress (U.S.), i 100. Consciousness, common, as an interpre ter of truth, i 54; of mankind, 1 55. of the state, a development i64; through theocracy, i 64; despotism, i 65; also- lute monarchy, i 66; popular state, i 60 ff., 81.
Consensus of opinion, defined, i 82. (See Consciousness, common. i Consolidated government, i: 8; applicable only to a perfect society, il 9. Constitution, formation of, of Great Brit ain, the United States, Germany, ard France, Part I, Bk. III, 1 90-134 represent all forms of constituti na sm, i 90 (see Great Britain, United States, Germany, France); a constrat historical, i gr; no one of these wi written, i91; character of a constitu largely determined by relation of g v- ernmental organs to the state, i three fundamental parts of a constitu tion, i 137.
Constitutional law, American, far in al- vance of European, i 263, 11 184, eya tials of perfect, i 263 ff. Constitutional State (Rechtsstaat), 173- Consulate (F.), i 129. Contracts, Commonwealth may not m pair the obligation of, i 234 ft.: a.mei against the Constitution and laws f
the Commonwealth, i 234; "contract," “obligation," and "impair" defined,
Controversy (U. S.), ii 325. (See Case.) Convocation (E.), power of the Crown over its meetings and proceedings, ii 207. Co-ordinated government, defined, ii 8; is the almost universal form, ii 9. Copyrights, legislation in respect to (U. S.), ii 143 ff.
Coronation, does not impose duties on the wearer of the crown (E.), ii 196. Coronation oath. (See Oath, corona- tion.)
Corps législatif (F.), organization and pro- cedure, i 168, 169; its position, 1814- 1848, i 130. (See France, Organization and Powers of the Legislature.) 'Corruption of blood" (U. S.), term ex- plained, ii 149.
Cortes, Spanish, i 58.
Councillors of the arrondissement (F.),
partake in the election of senators, ii 96. Councillors of the commune (F.), repre- sented in the electoral colleges which choose senators, ii 96.
Councillors of the département (F.), par- take in the election of senators, ii 96. Council of State (F.), is the Privy Coun- cil of the President, ii 302; ministers are members of it, ii 302; members are appointed and dismissed in the Council of Ministers, ii 302.
Council, Privy (E.), definition, i 209; his- tory, i 211. (See Cabinet.) Council, Privy, Judicial Committee of.
1. Tenure, ii 339; organization, ii 339; identity of its personnel with that of the House of Lords organized as an ap- pellate court, ii 339, 342. 2. Jurisdic- tion, (a) appellate, ii 340; (b) original, ii 340; (c) residuary judicial powers, ii 340.
Counterfeiting coin and securities of the United States, i 185. Coup d'état (1851), i 130.
Cour d'Assises (F.), ii 354. Court of Arches (E.), Appeals from, to Judicial Committee of the Privy Coun- cil, ii 340.
Court of High Commission (E.), i 94. Court of Requests (E.), ii 208. Court of Star Chamber (E.), i 94, ii 208. Crémieux, a member of the provisory government of 1870 (F.), i 131. Criminal law, its fundamental principles national, its administration local, i 207. Crown of Great Britain. See Great Britain,
Organization and Powers of the Execu-
tive. Crusades, influence on France, i 162. Dane, ethnology, i 25. Danube, i 9.
Davis, Mr. Justice (U. S.), opinion in the Milligan Case, i 250.
Declaration of Independence (U. S), its nature, i 100.
Democracy, defined, i 72 (see Popular State); modern States are democra- cies, i 81; its nearness to Cæsarism, i 128, ii 4; tends when mature to the democratic form of government, ii 4. Democratic form of the State and national
unity, i 3; tends to develop the socialis- tic end of the State, i 74. Democratic immediate government, ii 2; cannot be widely extended, ii 2. Democratic State, with monarchic gov- ernment, ii 3; with aristocratic govern- ment, ii 4.
Départements (F.), ii 97.
Deportation, when justifiable, i 42. Deputies, Chamber of (F.), in National Assembly, i 169-172; responsibility of ministry to, i 172, ii 302; struggle with Senate in fixing ministerial responsi- bility, ii 24-26: organization, ii 94 ff.; finance measures must be presented to it first, ii 94, 128, 297; period and change of mandate, ii 95; constitutional and statutory qualifications of voters, ii 95; time of election in case of dissolution of the chamber by the President, ii 96, 296; determination of disputed elec- tions, i 97; resignation of members, ii 97; qualification of members, ii 98; disqualifications, ii 99; determination of eligibility, ii 100; immunity from arrest, ii 100, 121; right of freedom of speech, ii 101, 122; to compensation, ii 101, 119; assembly and adjournment, ii 101, 295; dissolution, ii 102, 296; principle of the quorum, ii 102 ff., 124; elects its officers, ii 103; makes its own rules, ii 103; lim- itations, ii 104; power to punish out- siders for contempt, ii 104; mode of legislation, ii 104.
"Der König stirbt nicht," a principle of Prussian public law, ii 267.
"Der Todte erbet den Lebendigen," a
principle of Prussian public law, ii 267. Despotism,' indispensable in the produc- tion of political civilization, i 60, 61; its origin, history, defects, and advantages, i 65; conflict with the priesthood, i 66; and individual liberty, i 174.
Dicey, Prof. A. V., on the difficulty of de- fining the term "Cabinet" (E.), ii 209. Dictatorship (U. S.), i 246; history of, in 1861, i 247 ff.
Diet of the German Confederation, in 1866, i 114, 115; assumes to settle the Schleswig-Holstein dispute, i 115. Diet of the German Empire. See Reichs- tag.
Direct taxes (U. S.), i 199. Directory (F.) (1795-1799), i 129. Disability, of President and Vice-Presi- dent (U. S.), result of, ii 239; removal of, ii 240; who shall determine when it occurs and ceases, ii 240; of Presi- dent (F.), no provision for, ii 290; of King or Queen (E.), ii 190 ff.; of King (P.), ii 269 ff.; of Emperor (G.), 269 ff. District of Columbia (U. S.), personal im- munities there, i 186 ff., 191, 193, 194, 195; power of Congress over, ii 159 ff. Districts not under the Federal System
(U. S.), ii 159 ff.; power of Congress is exclusive, ii 159; limited only by do- main of individual liberty, ii 160; com- monwealth legislature must cede juris- diction, ii 160; Congress may re-cede it, ii 160.
Divine Right, theory of, in the Stuart monarchy, i 94; in the Carolingian Empire, i 125.
Dual government, defined and explained, ii 5; subdivided into (a) Confederate government, which is transient, ii 6; and (b) Federal government, which is not ultimate, ii 6; difficulty of Federal government, ii 7.
Dublin University, representation of, in House of Commons, ii 62, 66, 67. "Due process of law," defined (U. S.), i 188, 197 ff., 211; Commonwealth guilty of violation where its officer violates, i 210; the inhibition of the Fourteenth Amendment is directed against the Commonwealth, i 211; defined by the Court, i 212; not defined by the Con- stitution, i 212.
Dufaure Ministry (F.), 1876, ii 25; 1877, ii 26.
Dux, in the pure Germanic state, i 245. East Hundred, stewardship of the manor
of, incompatible with membership of House of Commons, ii 67. Eaton, M. C. (U. S.), position in debate
over power of Congress to provide for counting the electoral vote, ii 229. Edinburgh University, representation of, in House of Commons, ii 62, 66.
Elective government, defined, ii 10; vari- ous methods of election, ii II. Electoral system (U. S.), has undergone great changes, ii 230.
Election, various methods of, explained, ii II; determination of disputed elec- tions to Congress (U. S.), ii 46; Par- liament (E.), ii 65; in the French legis- lature, ii 97; general principles, ii 113. Electors of President and Vice-President (U.S.) shall be chosen in such manner as the legislature of the Commonwealth may direct, 216 ff.; time and manner
of voting, ii 221; statutory regulation thereof, ii 222.
Eleventh Amendment. See Amendment to the Constitution (U. S).
Elk v. Wilkins (U. S.), doctrine of, i 222 ff.
Emerson, referred to, i 163.
Eminent domain, limitations on, i 195, 197; exercise of right by federal government, ii 153; by Commonwealths, i 233; can- not be granted away, i 239 ff.; where both governments exercise it on the same property, precedence of the fed- eral government, ii 153.
Emperor (mediæval) and King contrasted, i 109.
Emperor (G.), is not expressly armed with a veto on general legislation or on amendments to the Constitution, i 156; has a practical veto, i 157, 166; power of promulgating laws, i 166; duty to pro- tect extra-territoriality of members of the Federal Council, ii 83; calls, opens, ad- journs, and prorogues legislature, and dissolves the Diet, ii 84; limitations upon this power, ii 84; power over organization of committees of Federal Council, ii 88. Organization: I. Ten- ure, the imperium is an office, i 264; belongs to the King of Prussia, i 264; who can be deprived thereof only by his own consent or by revolution, i 265; comparative study, ii 307; II. Law of Succession, is law of succession to Prus- sian crown, ii 265, 268; Prussian royal house law, ii 266; pactum confraterni- tatis of 1457, ii 266; requires ratification by Prussian legislature, ii 267; possible
effect of changes in Prussian succession law, ii 267; rule of immediate succes- sion, ii 267; oath necessary, ii 268; ef- fect of omission of oath, ii 268; abdi- cation, ii 268; comparison with English law of succession, ii 310; III. Regency, provisions of Prussian Constitution for assumption of regency by adult agnate nearest to the crown, or by the minis- try, ii 269; majority of King and of Regent, ii 269; establishment of regency in case of minority, ii 270; where King is permanently incapacitated, ii 270, 312; the legislature the judge of the neces- sity, ii 270; death of the King or Crown Prince without male issue, leaving a pregnant widow, ii 271; where the min- istry takes the initiative, ii 272; oath of Regent, ii 273; termination of the re- gency, 273; privileges of the Regent, ii 274; the Prussian Regent is Imperial Regent, ii 274; representation of the Emperor, ii 275; IV. Privileges of the Emperor, ii 275; comparative study, ii 311 ff.; Powers: I. Diplomatic, ii 276; limitations on the treaty-making power, ii 276; limitations on the power of declaring offensive war, ii 276, 277; II. In Legislation, in calling, adjourn- ing, proroguing, and dissolving the leg- islature, ii 278; in the appointment of committees of the Federal Council, ii 278; no power of initiation or veto, ii 278; actual power over legislation as King of Prussia, ii 279; furnishes laws with formula of command and publishes them, ii 279 ff.; III. In Civil Adminis- tration, supervises the execution of the laws by the Commonwealth govern- ments, ii 281; administers laws in rela- tion to, I. the collection of taxes, ii 282; exemptions of certain Commonwealths, ii 282; 2. postal and telegraphic sys- tem, ii 282; exemptions, ii 283; 3. fix- ing railroad tariff in time of distress, ii 283; exemption of Bavaria, ii 283; 4. government of Alsace-Lorraine, ii 283; appoints and dismisses all officers, ii 284; tenure of judicial officers, ii 284, 362; IV. Military Powers, ii 284 ff.; 1. the Emperor is commander of the Army, ii 285; appointment of officers, ii 285; Commonwealth exemption, ii 285; 2. of the Navy, ii 286; 3. may es- tablish fortifications, ii 286; 4. declare the state of siege, ii 286; V. The Im- perial Chancellor, must countersign all civil official acts, and thereby assumes
the responsibility therefor, ii 284, 286, 287; is not responsible to the legisla- ture, 287; may be represented, ii 287; executes compulsion upon a Common- wealth on vote of the Bundesrath, ii 351.
Empire, universal, the peculiar institution of the Latin race, i 35; its advantages, i 35; defects, i 36.
Empire, First (F.) (1804), i 129. Empire, Second (F.) (1852), i 130. Ends of the State, Part I, Bk. II, Chap. iv. i 83-89; literature of the topic, i 83; von Holtzendorff's doctrine, i 83; ex- amined, i 84; Hegel's doctrine, i 84; examined, i 85; are attainable by other means than government, i 85; classifi- cation of the ends of the State, i 85; definition of the ultimate end, i 85; of the secondary end, i 86; of the primary end, i 86; modification of the sphere of government in attaining these ends, i 86, 87; historical order of the ends of the State, i 89; which cannot be reversed, i 89.
England, politically organized by the church, i 61; State and government there since 1066, i 69. (See British Isles; Great Britain.)
English peoples, ethnology, i 13. "Equal protection of the laws" (U. S.), defined, i 217.
"Erledigen" (G.), term interpreted, ii 348. Esquiros (F.), i 132.
Ethnic unity. See Unity.
Europe, its geographic unities, i 5. Evarts, Senator (U. S.), holds that on re- jection of the vote of a Commonwealth, it is not to be deducted from the whole number of electoral votes in calculating the majority necessary for a choice, ii 234, 235, 236.
Evidence, on treason trials (U. S.), i 189, ii 148.
Exclusiveness of the state, i 52. Executive, constitution of, i
(see United States, Great Britain, Ger- many, France, passim); comparative study, ii 307-320; I. Tenure, ii 307 ff.; 1. Hereditary and Elective, 307; the elective principle the product of revo- lution, ii 308; hereditary tenure not in- consistent with the democratic State, ii 308, 309; conditions of its existence, ii 308; will probably disappear, ii 309; its advantages, ii 308; 2. Comparison between the English and German law of succession, ii 310; 3. Comparison be-
tween law of election of United States and France, ii 310; II. Personal Irre- sponsibility of the Executive, il 311 ff.; is a necessary principle, ii 312; not in the case of ministers, ii 313; responsi- bility of ministry to legislature, ii 313 ff.; ministerial responsibility essential to neither hereditary or elective executive, ii 315. 315; conditions under which it is advantageous, in 316; joint and sev- era. ministerial responsibility, ii 316; III. Powers, ii 317 ff.; substantial har- mony between the four countries, ii 317; distinction between England and the other representative governments in the matter of the residuary powers of government, ii 317 ff.; causes, 317; greater divergence between the execu- tives of the four governments than between their legislatures, ii 318; his- torical reason, ii 319.
Executive independence, degrees of, ii 12. Exports, tax upon (U. S.), i 198.
Ex post facto law (U. S.), i 186, 201 ff. Extra-territoriality, of members of the Federal Council generally (G.), ii 83; of Prussian members, ii 83; Laband's view, ii 83.
Federal Council. See Bundesrath. Federal form of government, when advis- able, i 40; impossible under the British organization of the State, i 140; ex- plained, ii 6; is not ultimate, ii 6; its difficulty in practice, ii 7; present dis- satisfaction with this form, ii 38; its characteristics, ii 131.
Federalism in legislation is transient, ii 184.
Federal State, so called, i 79, 80, 165. Federal system (U.S.), is indestructible
under the Constitution, ii 166; but the individual Commonwealths are not, ii 166.
Fehde (G.), i 111, 112.
Felonies committed upon the high seas (U. S.), i 186, ii 133. Feudal State, i 73.
Feudal system and civil liberty, i 56, 175. Fiction, legal, defined, i 96.
Field, Mr. Justice, dissenting opinion in the Slaughter House Cases (U. S.), i 216 ff.
Fifteenth Amendment. See Amendment to the Constitution (U. S.). Fines, excessive (U. S.), i 189. Finns, effect of their presence in the Scan-
dinavian Peninsula, i 24, 25. Flemings, ethnology, i 14.
Foreign relations, powers of Congress in respect to (U.S.), ii 133 ff. Formation of a constitution seldom pro-
ceeds according to forms of law, i 90. Forms of government, four canons of dis- tinction, ii 1–16; immediate government, ii 1 ff.; must be unlimited, ii 1; and despotic in theory, ii 2; may be mo- narchic, aristocratic, or democratic, ii 2; representative government defined, ii 2 ff.; may be limited or unlimited, ii 2; may be of any one of the three forms, ii 3.4; centralized government defined and explained, ii 4; is best suited for completely national states, ii 5; other States may be forced to adopt this form, ii 5; dual government defined and explained, ii 5; is subdivided into confederate and federal, ii 6, 7; con- solidated government defined, ii 8; is applicable only to a perfect society, ii 9; co-ordinated government defined, ii 8; is the almost universal form, ii 9; hereditary government defined, ii 9; classification thereof, ii 9, 10; elective government defined, ii 10; presidential government defined, ii 11; degrees of executive independence, ii 12; merits of this form, ii 12; its defects, ii 13; parliamentary government defined, ii 13; modification of the theoretical defi- nition in practice, ii 14; merits of this form, ii 14; its limited applicability, ii 15. Application of these canons, 17- 40; characterization of the government of the United States, ii 17-21; of the French government, ii 21-27; of the German Imperial government, ii 27-32; of the English government, ii 32-37. Comparison of the preceding forms, ii 37-40; present tendencies in govern- ment, ii 37-39; the form of the future, ii 39.
Forms of State, Part I, Bk. II, Chap. III, i 68-82; confusion existing in the minds of publicists, i 68-71, ii 1; the Greek State, 171; the question to-day a double i71; Aristotle's classification, i 71, 72; von Mohl's, i 73; effect of the form on the end of the State, i 74; Blunt- schli's classification, i 74 ff.; the mixed form of State, so-called, i 75; the com- pound form so-called, i 77; the author's classification, i 81; modern States are democracies, i81; changed only through revolution, i 97.
Forsyth, views on the power of the crown to establish martial law (E.), ii 205.
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