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113

Determination of contested elections .

113, 114

3. The Principle of Representation.

Representation according to population is the principle of the lower

house

114

Representation of local governmental organizations is the principle

of the upper house

114, 115

Representation is uninstructed in all the houses except in the Ger-

man Federal Council, where the instruction of the representation

is a mark of confederatism

4. Qualifications and Disqualifications of Legislative Members.

116

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117, 118

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121

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Harmony in practice in the matter of qualifications.

117

Divergence in the principle of the incompatibility of office and legis-

lative mandate

Advantages of the presence of the heads of the executive departments

in the legislative chamber

118

It does not necessarily lead to parliamentary government

119

5. Rights and Privileges of Members.

a. Right to compensation .

119

Advantages and disadvantages thereof.

120, 121
b. Privilege from arrest
C. Freedom of speech and debate

Inexpediency of the privilege from insult
6. The power of the Legislature over its own assembly, opening, ad-

journment, prorogation, and dissolution.

In the United States, the legislature performs these functions

123

In Great Britain, the crown performs them through the ministry 123

The German and French systems strike the mean

123

General principles

123

7. The Principle of the Quorum.

Constitutional law and practice of five of the legislative houses make

a majority of the members necessary to transact business

1 24

Reasons why this rule is not adopted by the other three

8. The Principles of Internal Organization and Procedure.

Each house to determine these matters for itself.

126

Limitations upon this principle .

9. The Mode of Legislation.

General principle and exceptions

127

Examination of the provisions giving to the lower house the control
of finance legislation

128

The power of a particular commonwealth to defeat legislation in the

German Federal Council

The rule of the French Senate requiring that a majority of the mem-

bers vote upon a proposition that is adopted .

129

Agreement on the principle of executive participation in legislation 129

Advantage of the French system

130

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125, 126

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CHAPTER VII. THE POWERS OF THE CONGRESS OF THE

UNITED STATES.

PAGE

1. Legislation in respect to foreign relations .

133

Power of legislation in respect thereto is exclusive

134

2. Legislation in respect to foreign commerce

134

Limitations upon

its exclusiveness in favor of the Commonwealths

135

Is not exclusive of the treaty-making department of the government. 136

3. Legislation in respect to internal commerce

137

Limitation upon its exclusiveness in favor of the Commonwealths

138

Commerce with the Indian tribes

Regulation of the postal service

Limitation of the power of the Congress in this department

140

Regulations of communication by telegraph

140, 141

Regulation of the standard of weights and measures

141

4. Legislation in respect to the monetary system

142, 143

5. Legislation in respect to inventions and discoveries

143

6. Legislation in respect to naturalization

144

Is exclusive neither of the Commonwealth, nor of the treaty-making

department of the general government

145

7. Legislation in respect to bankruptcy

146

Commonwealth insolvency laws .

146, 147

8. Legislation in respect to crime

147

Treason

Restriction upon the punishment thereof

148

Explanation thereof

149, 150

Treason against a Commonwealth

150

9. Legislation in respect to revenue and expenditure

150

Subject of taxation, amount of tax, and method of levy

151

Object of taxation

152

Limitations in regard to appropriations

152

Exclusiveness of the taxing power

153

Power of eminent domain; its exclusiveness

153

10. Legislation in respect to the military system

153, 154

Power of legislation in respect thereto is exclusive; limitation in favor

of the commandership of the President .

155

The power to suspend the privilege of the writ of habeas corpus, 155, 156

11. Legislation in respect to the organization and procedure of the courts.

Power of Congress over the judicial systern with the exception of the

Supreme Court

156, 157

Power over the judgeships of the Supreme Court

157

Power to regulate appeals and the removal of cases

158

These powers are xclusive

158, 159

12. Legislature in respect to territories, districts, and places not under

the federal system..

Power of legislation in this domain is exclusive .

159

Cession of Commonwealth jurisdiction over such places

160

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178

180

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I. The duties of the Crown are enumerated in the coronation oath

The right to govern exists before the coronation .
Interpretation of these duties and enforcement of the observance

thereof
The royal prerogative

Its exercise is controlled by the House of Commons
II. The Powers of the Crown. — The Crown is both executive and general

residuary government
Negative definition of the latter sphere.

(1) In legislation. (2) In the administration of justice

(3) In the execution of the laws

These powers are constitutional in their nature

And are protected by the absolute veto.

Classification of the powers of the Crown

1. The control of foreign affairs.

2. The powers of the Crown in legislation

The initiation and veto of projects of legislation

3. The military powers of the Crown

The power to establish martial law

The military powers are constitutional in their nature

4. The powers of the Crown in civil administration

Limitations thereof.

The Crown is the source of honor and dignity

The regulation of public markets and the coining of money

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