5. The powers of the Crown over the Established Church

6. The judicial powers of the Crown

III. The Organs through which the Crown makes Use of its Powers.

The pardoning power of the Crown

Definition of the term "Privy Council"

1. Early history of the Privy Council

Origin of the Cabinet.

Influence of Charles II and William III on the history of the

Cabinet .

2. Composition of the Cabinet

3. Powers of the Cabinet

Tenure and responsibility of the Cabinet

The Cabinet is immediately representative of the State

212

CHAPTER III. THE CONSTRUCTION OF THE EXECUTIVE IN THE

GOVERNMENT OF THE UNITED STATES.

I. The Election of the President and Vice-President.

1. Primary provision: The choice of electors is made wholly and exclu-

sively subject to the direction of the legislatures of the Common-

wealths.

Limitations upon this power.

216

First, Congress may fix the day of choosing the electors.

2. After the choice of electors, the election is subject to federal regu-

lation

Constitutional provision regulating the meeting of and voting by the

electors

Statutory regulation of the subject

Constitutional provision regulating the counting of the votes

Statutory regulation of this subject in detail

Examination and criticism of the theory of the statute

Conflicting theories concerning the power of Congress to regulate

this subject

Change in the substance of the electoral system since 1787

Examination and criticism of the details of the statute.

First: The determination made by Commonwealth authority re-

garding the appointment of electors is made conclusive

Second: No electoral vote from a Commonwealth from which but

one lawful return has been received, shall be rejected.

Third: In case of conflicting returns and no determination made

by the Commonwealth the certificate of the Commonwealth

executive shall be conclusive except against a concurrent resolu-

tion of the Houses

231, 232

Fourth: Either house may reject the vote of a Commonwealth

where two or more returns are sent in by two or more sets of

electors, each authorized by a determination of the Common-

wealth.

Fifth: Omissions in the law

Procedure of the Houses in joint and separate session

Summary of the statute.

PAGE

234, 235

235, 236

236, 237

237

238

Statutory provisions for the choice of a President and Vice-

President in case of a failure of the electors to choose them.

II. The Law of Succession to the Presidency

238, 239

Statutory provision for the succession in case of disability of the Presi-

dent and Vice-President.

Determination of the existence of disability

III. The Presidential Term..

Elections at irregular periods

IV. The Qualifications for the Presidency

At what date these qualifications must be present

The oath of office .

Disqualifications for the Presidency.

V. Rights and Privileges of the President.

245

Privilege from the jurisdiction and process of any court, magistrate or

body

Necessity for this privilege

The powers of the courts are merely suspended during the Presiden-
tial term

The President may escape impeachment by resigning

2. The power to nominate and commission diplomatic and consular

agents.

249

The power to dismiss or suspend them - The Tenure of Office Acts 250

3. The duty of receiving public ministers

..251

The implied power to recognize the independence of a foreign state

Checks upon this power exercised by the Senate and Congress

II. The Powers of the President in Legislation.

1. The assembly of Congress. 2. The duty of giving it information

3. The veto power

.

The power of calling either house in extraordinary session

Possible abuse thereof

The power to initiate legislation. Its practical unimportance .

The veto power-its peculiar province.

4. The promulgation of the laws.

III. The Powers of the President in Civil Administration

Primary interpretation of the Constitution and statutes by the Presi

dent.

258

The order in which the President may use the means confided to him

for the execution of the laws

IV. The Military Powers of the President.

The commandership-in-chief

Its prerogatives: 1. The disposition of the forces. 2. The supervision

of the execution of military law

3. The power to wage war and suspend civil government on the theatre

thereof. 4. The appointment and dismissal of officers

V. The Judicial Powers of the President.

VI. The President's Advisers.

Non-collegiate character of the Cabinet in constitutional law

259

259

260

261

262

262

263

CHAPTER V. CONSTRUCTION OF THE EXECUTIVE IN THE

GERMAN IMPERIAL CONSTITUTION.

The King of Prussia cannot be deprived of the presidency of the

Union except by his own consent or by revolution

265

II. The Law of Succession to the Imperial Office.

Provisions of the Prussian Constitution concerning the succession to

the Prussian throne

265, 266

The Pactum Confraternitatis of 1457

266

Its validity

267

Effect of changes in the Prussian law of succession upon the succession

to the imperial office

Abdication of the kingship of Prussia- - its effect upon the tenure

of the imperial office

Provisions of the Prussian Constitution on this subject

The establishment of the regency in case of minority.

In case of permanent disability to govern

In case of the death of the King or Crown Prince without existing

The Regent of Prussia is Regent of the Empire.

Representation of the Emperor.

IV. The Privileges of the Emperor.

CHAPTER VI. THE POWERS OF THE EMPEROR.

I. Diplomatic Powers.

Power to send and receive ambassadors, make treaties, declare war

and make peace

Limitations on the treaty-making power

PAGE

276

276

Limitations on the power of declaring offensive war
Summary of the independent diplomatic powers of the Emperor.

276, 277

II. The Powers of the Emperor in Legislation.

I. Over the session of the legislature. 2. Over the personnel of

the committees of the Federal Council

277

278

278, 279

279-281

3. Power of initiating and vetoing statutory and constitutional legis-
lation in his capacity as King of Prussia

III. The Powers of the Emperor in Civil Administration.

(A) The supervision of the administration of imperial laws by the

Commonwealth governments

(B) The immediate administration of imperial laws.

281

3. The regulation of railroad tariff on articles of food in time of

4. The local government of Alsace-Lorraine

The appointment and dismissal of officers

I. The supervision of the collection of imperial taxes

282

2. The direction of the postal and telegraphic administration of

the Empire.

282,283

distress

283

283

284

Responsibility of the Chancellor. - -The substitute for the Chancellor 287

-

CHAPTER VII. THE CONSTRUCTION OF THE EXECUTIVE

DEPARTMENT OF THE FRENCH GOVERNMENT.

inviolability; removal from office upon conviction of the commission

of high treason

Comparison of the theory of the inviolability of the President con-

tained in the Constitution of France and in that of the United

States respectively

Political irresponsibility of the President.

CHAPTER VIII.

POWERS AND DUTIES OF THE FRENCH

PRESIDENT.

I. Diplomatic Powers.

PAGE

1. To make defensive war and offensive war with the consent of the

legislature

293

2. To appoint and receive ambassadors

The President is commander-in-chief of the army and navy

3. To negotiate and conclude treaties

What treaties require the legislative sanction

II. The Powers of the President in Legislation.

1. To call and adjourn the legislature

2. To prorogue the legislature

3. To dissolve the Chamber of Deputies

4. To propose that the legislature go into national assembly for the pur-

pose of revising the constitution

296

296

Finance legislation

297

297

5. To initiate legislation.

6. To require the Chambers to reconsider any law passed by them.

7. To promulgate the law

III. Civil Administrative Powers.

1. To supervise the execution of the laws

2. To appoint and dismiss officials.

3. To make disposition of the army and navy to secure the execution of

the laws.

298

298, 299

4. Whether the President possesses the ordinance power is doubtful, 299, 300

IV. Powers of the President in Judicial Administration.

1. To constitute the Senate as a court of justice

All the powers of the President must be exercised through the minis-

try or a minister

Qualifications, powers, and duties of ministers. Their political respon-

sibility.

Their criminal responsibility

The arraignment, trial, and judgment of a minister

Criticism of the French Presidency

I. The elective tenure not the inevitable result of revolution.

Conditions under which the hereditary tenure can exist in the demo-

307

307, 308

2. Comparison between the English and the German law of succession. 310
3. Comparison between the law of election of the United States and