ment to the Constitution (U. S.). France-Belgium-Holland, i 6; its north- eastern boundary, i 7; ethnology of its population, i 14; political divisions, i 22. (See France.)
France, ethnology of its population, i 22; psychology, i 263; Constitution, forma- tion of, i 125-134; begins with the Carolingian constitution, i 125; the post-Carolingian State secular, the gov- ernment monarchic, i 125; feudal dis- integration of the State, i 126; kingship more fortunate than in Germany, i 126; the Crusades relieve it of the aristoc- racy, i 126; confiscation of Normandy and Toulouse, i 126; union of King and bourgeoisie, i 126; checked by the recklessness of the King, i 126, 127; the Valois kings break with the Bourgeoisie, i 127; the Hundred Years' War, i 127; the Absolute Monarchy, i 127; pre- serves France from disunion, i 127; the Revolution (1789), i 128; the National Assembly the organization of the demo- cratic State, i 128; Constitution of 1791, i 128; dethronement and execution of the King, i 128; the Second Convention, i 128; the Directory, i 129; Consulate, i 129; Empire, i 129; Restoration, i 129: the King the organization of the State, i 129; Revolution of 1830, i 129; Louis Philippe, i 130; Revolution of 1848, i 130; the Convention the organization of the State, i 130; Louis Napoleon elected President, i 130: reintroduces the principle of the plébiscite, i 130; the Second Empire, i 130; the provi- sory government (1870), i 131; the Bor- deaux Convention, i 132; the French State is the people, organized in Con- stituent Convention, i 133; organiza- tion of the State in the Constitution, i 168-173, ii 131; method of amend- ment, i 168; organization of the French legislature, i 168, ii 94 ff.; organization of the National Assembly, i 169, ii 296; question involved, i 169; power of the President to dissolve the National As- sembly, i 171, 172, ii 296; guaranty of in- dividual liberty, i 180, 181; police power reaches its highest development there, i 215; civil liberty statutory and corre- sponds with that of the United States, Germany, and England, i 262; since 1789 has been constitutional except under the Napoleonic government, i 263; the present Constitution fragmentary, i 263;
characterization of the government, ii 21-27; the ministry is politically re- sponsible to the Chamber of Deputies, ii 24; history of the struggle to fix this responsibility, ii 24-27. Organization of the Legislature: 1. General principles, bicameral system with parity of powers, ii 94; finance measures must come be- fore the Chamber of Deputies first, ii 94, 297; power of the Senate over finance measures, ii 94, 128; period and change of mandate, ii 95; 2. Source from which the legislature proceeds: A. Chamber of Deputies, constitutional and statutory qualifications of electors, ii 95; time of election, ii 96; B. Senate, ii 96, 112; statutory regulations, ii 96; the determination of disputed elections, ii 97; resignation of members, ii 97; 3. Principles of representation, ii 97, 114; statutory regulations concerning the Chamber of Deputies, ii 97; concern- ing the Senate, ii 98; uninstructed rep- resentation, ii 98; 4. Qualifications of members, statutory qualifications, ii 98; disqualifications, ii 99; present ten- dency, ii 118; determination of eligibility of members, ii 100; 5. Rights and privi- leges of members: against arrest, ii 100, 121; right of freedom of speech, ii 101; statutory right to compensation, ii 101, 119; 6. Assembly, adjournment, etc., ii IOI, 123, 295; constitutional provisions concerning assembly, ii 101, 295, 296; adjournment, ii 102, 295; prorogation, ii 102, 295; dissolution, ii 102, 296; 7. Principle of the quorum, ii 102 ff., 124 ff.; 8. Internal organization: each chamber elects its own officers, ii 103; has power to make its own rules, ii 103; limitations of this power, ii 104; power to punish outsiders for contempt ii 104; 9. Mode of legislation, ii 104; financial legislation, ii 104; absence of presiden- tial veto, ii 105; presidential power to demand reconsideration, ii 105. Powers of the Legislature: the legislature pos- sesses all powers not denied to it by the State, ii 131. Organization of the Executive: I. Election by electoral col- lege composed of the members of the legislature, i 288; reason therefor, ii 311; organization of the college, ii 289; comparative study, ii 307 ff., 310 ff.; II. Qualifications, ii 289; III. Term, ii 289; IV. Succession, ii 290; no Vice- President, ii 290; executive powers tem- porarily vested in the Council of Min-
isters, ii 290; no provision for a tem- porary disability, ii 290; V. Privileges: irresponsibility, ii 290, 292; except in case of commission of high treason, ii 290 ff., 353. 354. 355; inviolability, ii 291; comparative study, ii 311 ff.; comparison with United States, ii 291 ff.; is Grand Master of the Legion of Honor, ii 292; protection against insult and libel, ii 292; compensation, ii 292. Powers and Duties of the Executive: I. Diplomatic, 1. To make defensive war, ii 293; offen- sive war, with the consent of the legis- lature, i 293; precedents, ii 293; by implication, President is commander of army and navy, ii 294; 2. To send and receive ambassadors, etc., ii 294; legis- lative control over the exercise thereof, ii 294; 3. To negotiate and conclude treaties, i 294; most treaties require legislative ratification, ii 295; President must inform the legislature of his acts, ii 295; II. In Legislation, 1. To call and adjourn the legislature, ii 295; 2. Pro- rogue, 295; 3. Dissolve the Deputy Chamber, i 296; 4. To propose that the legislature go into national assem- bly, ii 296; 5. To initiate legislation, ii 295; 6. May require the legislature to reconsider a law, ii 297; 7. To promul- gate the laws, ii 297, 298; III. Powers in Civil Administration, 1. To execute the laws, ii 298; 2. To appoint and dismiss all officials, ii 298; limitations and qualifications, ii 298; 3. To dispose of the army and navy to secure the ex- ecution of the laws, ii 298, 299; 4. To make necessary ordinances, ii 299; the possession of this power is doubtful, ii 299, 300; comparative study, ii 318; IV. In Judicial Adrainistration, 1. May convene the Senate as a court, ii 300, 352; 2. May pardon, not amnesty, ii 301; V. Ministers, powers of the Presi- dent must be exercised through the ministry, and every act countersigned by a minister, ii 301; qualifications of ministers, i 302; have seats in the Council of State, ii 303; have access to the legislature, ii 302; are heads of ex- ecutive departments, ii 302; joint and several political responsibility, ii 302; which is enforced by Deputy Chamber through dismissal, ii 302; this method works badly in practice, ii 316; indi- vidual criminal responsibility, ii 303; responsibility of ministers to Senate for crimes committed in exercise of
their functions, ii 303, 353. 354; proce- dure on trial to be regulated by law, ii 304; VI. President presides on great occasions of State, ii 305; criticism of the Presidency, ii 305, 306. The Judi- ciary, is purely statutory, ii 352; the Senate is a constitutional court, ii 352; 1. Organization, ii 352; 2. Jurisdiction over the President and ministry, ii 352; 3. Jurisdiction over " Attempts against the security of the State," ii 354, 363; 4. Jurisdiction is exclusive only for trial of President, ii 355; comparative study, ii 360, 363, 364.
Francis II (Emperor), i 3.
Franco-German War (1870-71), i 119, 131.
Frankfort, absorption by Prussia, i 116. Frankfort Convention of 1848 (G.), i 58. Frederic I (P.), ii 266, 267, 268. Frederic II the Great (P.), i 239, ii 37. Frederic II (Emperor), i 110, III. Frederic William IV (P.), referred to, i 113, 114.
Freedom of speech and of debate in the legislature of the United States, ii 54; Great Britain, ii 71; German Empire, ii 83; France, ii 100; general principles,
Freedom of speech and of the press (U.S.), i 190.
Fugitives from justice, regulation of re- turn of (U. S.), ii 158. Gambetta (F.), i 131, 132.
Garland, Senator (U. S.), position in de- bate concerning power of Congress to regulate manner of counting the elec- toral vote, ii 229.
Glasgow University, representation in House of Commons (E.), ii 66. Geographic unity. See Unity. General warrants (U. S.), i 186. Germanic State, described by Cæsar and Tacitus, i 245.
German Empire, as a geographic unity. i 25; as an ethnologic unity, i 25; lacks natural boundaries, i 25 (see Teutonic Race). Constitution, formation of, i 109- 124; goes back to the Carolingian con- stitution, i 109; the Carolingian Empire the first political organization, i 109; Ostfranken, i 109; compact of Mersen completes its territorial basis, i 109; constitutional change wrought by dis- solution of the Empire, i 109, 110; im- pulse toward federalization, i 10; fed- eralization completed A.D. 911, i 110, 126; Otto the Great restores the Impe
rial sovereignty, i 110; the quarrel with the Church removes the theocratic foun- dation of the Empire, i 110; Frederic II. recognizes the federal status, i 110, III; the imperium merely titular, i 111; Maximilian I. tries to check particular- ism, i III; the Landfrieden, i III; Reichskammergericht, i 112; Reichs- hofrath, i 112; Charles V. tries to restore the imperium, i 112; Peace of West- phalia, i 112; its constitutional features, i 112; Napoleon destroys the Empire, i 113; the Confederation of the Rhine, i 113; the Congress of Vienna, i 113; the confederatizing process complete, i113; Revolution of 1848, i 113; its les- son, i 113; Prussia must unite Germany, i 113; Prussia becomes the nucleus of the national popular state, i 114; pro- poses a national assembly, i 114; the Diet unfriendly, i 115; the Diet orders mobilization of armies of confederated princes, i 115; the people support Prus- sia, i 115; Prussia demands demobili- zation and the summoning of a German Parliament, i 115; issues a manifesto to Germany, i 116, 121; the founding of the North German Confederation, i 116-118, 120; not joined by the States south of the Main, i 118; the Zollverein, i 119; the Franco-German War, i 119; admission of the South-German States to the Union, i 119, 120; formal re- vision of the Constitution, i 120; or- ganization of the State under the North German Union and the German Em- pire, i 120-124; the people the sovereign, i 123, 124; little advantage in destroying the old forms, i 134; organization of the State in the Constitution, i 155-167; amendments of Constitution are by leg- islation, i 155; exceptions, i 155; ex- traordinary majority of Federal Council necessary, i 156; the Imperial legislature, i 155, 156; course of legislation, i 155, 156; limitations on general course of legislation in constitution-making, i 156– 158; organization of the legislature, i 156; specific rights of the various states, i 157, 158, 160, 163, 253, ii 87, 88, 169, 170, 173, 175, 178, 282, 283, 285, 286; par- ticularistic interpretation of this clause of the Constitution, i 159-161; means whereby the privileged State consents to a change affecting its specific right, i 163; criticism of the organization of the State in the Constitution, i 163-167; (1) lack of correspondence of the State
back of the Constitution and the State as organized in the Constitution, i 163, 164; (2) the State as organized in the Constitution is not wholly sovereign, i 164, 165; (3) confusion of State with government, i 165-167; guaranty of individual liberty, i 178, 179, 253-262; A. immunities against the general gov- ernment no express exemption, i 253; implied are as to: (1) period of mil- itary service, i 253; (2) subjects of taxation, i 253; manner of taxation, i 254; (3) freedom of conscience, i 254; no constitutional judiciary to protect this domain, i 254, ii 347; the legisla ture its creator and protector, i 254; no constitutional civil liberty in Alsace- Lorraine; B. immunities against the Commonwealths, i 259; (1) a common citizenship, not an Imperial citizenship, i 255 ff.; (2) Intercommonwealth com- merce, i 256; (3) matters subject to the exclusive jurisdiction of the Imperial government: customs, army, navy, for- eign merchant marine, i 257; every de- partment of the Imperial government may be appealed to, to defend these immunities, i 258; appeal to the Federal Council, i 258 ff., ii 282; C. suspension of civil liberty, i 259; Emperor au- thorized to declare the state of siege,
260 ff., i 286; regulated by law, i 260 ff.; characterization of the govern- ment, ii 27-32; compared with the gov. ernment of the U. S., i 29. Organization of the Legislature. 1. General princi- ples: bicameral system with parity of power in the two houses, ii 77; objec- tions to this statement, ii 77; period of the mandate in each house, ii 78; 2. Sources from which the legislature proceeds; A. Diet: qualifications, ii 78; disqualifications, ii 79; B. Federal Council: appointment by Common- wealth governments, ii 79, 111; 3. Prin- ciples of representation; A. Diet: is statutory, ii 79; uninstructed, ii 80, 180; B. Federal Council, ii 80, 114; consti- tutional, ii 80; has an historical justifi- cation, ii 80; is instructed, ii 81, 116; vote by Commonwealths, ii 81; 4. Qual- ifications for membership: no constitu- tional provision, ii 81; A. Diet: statu- tory (Imperial) provisions, constitu- tional disqualifications, ii 81; statutory disqualifications, ii 82; B. Federal Council, qualifications left to the Com- monwealths, ii 81; constitutional dis-
qualifications, ii 82; 5. Rights and privileges of members: A. Diet: (a) Ex- emption from trial or arrest, ii 82, 121; (b) Freedom of speech, ii 83; (c) Free- dom from insult, ii 83, 122; compensa- tion forbidden, in 119; B. Federal Coun- cil, (a) Freedom from insult, ii 83, 122; (b) Extra-territoriality, ii 83; (c) Right to appear in the Diet, ii 83; 6. Assem- biy, adjournment, etc., ii 84, 123; Emperor calls, adjourns, and prorogues both houses, and dissolves the Diet, ii 84, 278; constitutional limitations upon power of calling, ii 84, 278; of ad- journing, ii 85, 278; of dissolving, ii 85, 278; the Federal Council may cause its own assembly, ii 85, 278; 7. Principle of the Quorum, ii 85, 124 ff.; 8. Internal Organization: A. Diet, to determine election of its members, ii 85; choose its officers, ii 85; frame its own rules, ii 86; go into secret session, ii 86; commit outsider for contempt, ii 86; B. Federal Council, to pass on the cre- dentials of its members, ii 349; is pre- sided over by Chancellor, ii 86; organi- zation of committees, ii87, 278; residuary powers, ii 88; 9. Mode of legislation; (1) Initiation: A. Federal Council, ii 88; B. Diet, ii 89; theory that Empe- ror may refuse to present resolutions of Federal Council to Diet, ii 90; (2) Pas- sage of law, ii 90; Prussian veto over certain subjects, ii 91, 279; Prussian preponderance in case of a tie vote, ii 91, 279; sanction of the law, ii 91; (3) Promulgation, ii 92, 279 ff.; publi- cation, ii 93, 279 ff. Powers of the Leg- islature: 1. Foreign Relations, ii 168; power to ratify treaties concerning matters subject to legislation, ii 168, 276; treaty-making powers of Common- wealths, ii 168; 2. Foreign Commerce, ii 169; power is concurrent in the Imperial and Commonwealth govern- ments, ii 169; exceptions in favor of Bavaria and Würtemberg, ii 169; 3. In- ternal Commerce, ii 169 ff.; (a) between Commonwealths, ii 169; is concurrent, ii 169; (b) within Commonwealths, ii 170; exemptions of Bavaria and Wür- temberg, i 170; is concurrent in case of railway, ii 170; is exclusive in case of postal and telegraph system, ii 171; (c) power to restore roads and water- ways and build railroads, ii 171, 283; is concurrent, ii 171; (d) power to reg- ulate system of weights and measures,
is concurrent, ii 171; 4. Monetary Sys- tem, ii 171 ff.; power thereover is con- current, ii 172; 5. In respect to crime, ii 172; history of the provision, ii 172; exemption of Bavaria, in 173; power is concurrent, i 173; 6. Citizenship, ii 173 ff.; power is concurrent, ii 174; 7. Medical and Veterinary Practice, ii 174 power is concurrent, 174; 8. Revenue and Expenditure, exclusive power of the imperial legis- lature to regulate customs and excise upon specified articles, in 174; exemp- tion in favor of Bavaria, Würtemberg, and Baden, ii 175; requisitions upon the Commonwealths, ii 175; military dues, ii 175; annual appropriations, ii 176; army appropriations, ii, 276; 9. Army and Navy, ii 176 ff.; compul- sory military service, ii 176; extent of legislative power, ii 177; is exclusive, ii 178; Commonwealth exemptions, ii 178; 10. Administrative measures, ii 178 ff.; Laband's division of the ordi- nance power, ii 178; 11. Imperial Ter- ritory not under the Federal System, ii 180; power is exclusive, ii 180; captures in war, ii 180; 12. Representation, ii 180; 13. Constitutional conflicts within Com- monwealths, ii 181; to create and regu- late the judicial organization, ii 347, 362 ff.; comparison with the legislature of the United States, ii 182. Organiza- tion of the Executive: I. Tenure, the imperium is an office, i 264; belongs to the King of Prussia, i 264; who can be deprived thereof only by his own con- sent or by revolution, i 265; compara- tive study, 307; II. Law of Succes- sion, is law of succession to Prussian crown, ii 265, 268; Prussian royal house law, ii 266; pactum confraternitatis of 1457, i 266; requires satisfaction by Prussian legislature, ii 267; possible ef- fect 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 min- istry, 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, i 273; termination of the re- gency, ii 273; privileges of the Regent, ii 274; the Prussian Regent is Imperial Regent, ii 274; representation of the Em- peror, ii 275; IV. Privileges of the Empe- ror, ii 275; comparative study, ii 311 ff.; Powers of the Executive: 1. Diplomatic, ii 276; limitations on the treaty-making power, ii 276; limitation 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, in 283; appoints and dismisses all officers, ii 284; tenure of judicial officers, in 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 281; 3. may es- tablish fortifications, ii 286; 4. declare the state of siegc, 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, ii 287; may be represented, ii 287; executes compulsion upon a Common- wealth on vote of the Bundesrath, ii 351. Constitution of the Judiciary: the Bun- desrath the only constitutional court, ii 347; Jurisdiction: 1. To settle political conflicts between Commonwealths, ii 347;
2. Within Commonwealths by friendly intermediation, ii 349; 3. May intercede with a Commonwealth which denies or delays justice, ii 350; implied power of supervising the administration
of justice, i 351; 4. Shall determine when a Commonwealth fails in its du- ties to the Empire, ii 357; comparative study, ii 359, 362, 364.
Germany, police power attains its highest development there, i 215.
Gneist, Professor, on the Cabinet (E.), ii 210.
God's will interpreted by the State, i 75. "Good behavior" (U. S.), term defined, ii 323.
Governor of Commonwealth (U. S.), stat-
utory powers and duties in Presidential elections, ii 222, 233.
Government, Popular, in the Universal Empire, i 36, and National State, i 37; government confounded with State, i 57, 68; explanation thereof, i 68; gov- ernment and liberty the ultimate end of the State, i 86; its establishment the first step out of barbarism, i 86; its sphere modified in attaining the end of the State, i 87; government and liberty the means of the modern State, i 87; government neither intrudes nor per- mits intrusion upon the domain of in- dividual liberty, i 114; the Constitution of Government, vol. II; Forms, see Forms of Government, ante.
Grand Jury, indictment by (U. S.), i 187. Gray, Mr. Justice (U. S.), opinion in Elks v. Wilkins, i 222 ff.
Great Britain. (See England, British Isles.) Constitution, regarded as the historical one, i 91; how distinguished from others, i 91, 97; dates back to 1832, i 91, 96; three great revolutions since 1066, i 92; Magna Charta, i 92; the absolute monarchy, i 93; the Revo- lution, 1640-1688, i 94; the Reform Bill, i95; the House of Commons the polit- ical organization of the state, i 95, 139, ii 131; the House of Lords a govern- mental organ, i 95, 96; the House of Commons the perpetual Constitutional Convention, i 96, 138; when acting in that capacity may overcome the resist- ance of King and Lords, i 97; little ad- vantage in destroying old forms, i 134; organization of the state in the Consti- tution, i 138-141; difficulty of the sub- ject from the dual character of the House of Commons, i 138, 139, 140; correspondence of organization of the State back of and within the Constitu- tion, i 139, 140; advantages and disad- vantages thereof, i 139, 140; guaranties of individual liberty, i 182, 183; civil
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