theory of the eighteenth century, i 175; theory of the Divine Source, i 176; modern theory, i 176, 177; content of individual liberty, i 177; varies with degree of civilization, i 177; elements of, in the United States, Great Britain, France, and Germany, i 178; guaran- tees of, i 178; in the United States, i 178, 179, 184-250 (see United States); in the German Empire, i 179, 180, 253- 262 (see German Empire); in France, i 180, 181; in Great Britain, i 182; in federal system is threatened from two sources, i 201; individual liberty is in its nature, national, with tendency to become human, i 212; the attainment thereof the main purpose of the French Revolution of 1789, i 215; is national in origin, content and sanction, i 224; this fact the chief lesson of the history of the United States, i 225; suspension of immunities at times necessary, i 245, 251, 259; in the pure Germanic state, i 245; in the United States (see United States), i 246 ff.; in the German Em- pire (see German Empire), i 259 ff.; United States far in advance of Europe in this department of constitutional law, i 264, ii 184.
Lieber, Francis, as a political scientist,
Limitation of the assertion of property
rights by the Crown (E.), ii 194. "Lineal descent," term explained, ii 187. Lippe, i 116.
Lippe Detmold, i 116.
Liveryman of one of the city companies
of London, possesses suffrage, ii 62. Local governmental organization, repre- sentation of, in upper legislative cham- ber, ii 114 ff.
Locke, definition of the royal prerogative (E.), ii 197.
London City, representation in House of Commons, ii 66.
London University, representation of, in House of Commons, ii 62, 66. Long Parliament (E.), its usurpation of the military powers of the crown, ii
Lords of Appeal in Ordinary (E.), ii 69;
how they may forfeit their seats in House of Lords, ii 69; tenure, qualifi- cation, duties, ii 341, 342; may exercise the judicial powers of the House of Lords, ii 345; comparison of their po- sition with that of the Supreme Court (U.S.), 363.
Lords, House of, a governmental organ only, i 96; may be overcome by the House of Commons when acting as constitutional convention, i 97; general parity of power with House of Com- mons acting as a legislative chamber, ii 59; Organization: membership pro- ceeds from appointment by the Crown, ii 111; is based on (a) hereditary right: English Peers, 63; (b) elec- tion: Scotch and Irish Peers, ii 63; (c) appointment: to a peerage of Great Britain or an extinct Irish peerage, ii 64; or to a lordship of Appeal in Ordi- nary, ii 64; (d) ecclesiastical office, ii 64; the house decides claims of mem- bership except in case of an old peer- age, ii 65; principle of representation, ii 67, 115; members are uninstructed, ii 68; resignation of members, ii 68; qualifications of membership, ii 70; im- munity of members from arrest, ii 71, 121; right of freedom of speech and debate, ii 71; privilege of access to the throne, i 72; summons, prorogation, and dissolution of the house, ii 72 ff.; self-adjournment, ii 72; quorum is fixed by rules of the house, ii 73, 74, 125; does not elect its officers, ii 74; controls its own procedure and discipline, ii 74; may convict an outsider for contempt,
74; for a definite period, ii 75; may not initiate money bills, ii 75; or private bills, ii 76; or modify or reject money bills, ii 76, 128; may be packed by the Cabinet, ii 213. As a Judicial Body; identity of its personnel as an appellate court with that of the Judicial Com- mittee of the Privy Council, ii 339, 341; 1. organization, ii 341; 2. procedure as a criminal court for the trial of peers, ii 342; jurisdiction, 343; Court of the Lord High Steward, ii 343; 3. pro- cedure as a court of impeachment, ii 343; 4. procedure as highest court of appeals, ii 344; jurisdiction, ii 345; com- parative study, ii 356, 363, 364. Louis XI (F.), makes the crown the leader of the democracy, i 127. Louis XVI (F.), i 127.
Louis XVIII (F.), amends the charter,
Louis Napoleon (F.), reintroduces the plébiscite, i 130.
Louis Philippe (F.), recognizes popular sovereignty, i 130. Lübeck, i 116. Luxemburg, i 116.
MacMahon (F.), history of his presidency, ii 24-26; on executive responsibility, ii 292.
Madison, on impeachment of the Presi-
Magna Charta (E.), its history and effect, i 92, 262.
Magnum Concilium (E.), referred to, ii 356.
Majority of the political people, possess the sovereign constituting power, i 107. Majority, absolute in choosing members
of lower house of the legislature, dis- advantages of, ii III.
Mandate, difference in term of, in the two chambers of the legislature, United States, ii 41; Great Britain, ii 59; Ger- many, ii 78; France, ii 95; general principles, ii 108.
Marbury v. Madison, doctrine of, con- cerning the commissioning of judges,
Maximilian I (Emperor), undertakes to restrain the princes, i III. Mecklenburg-Schwerin, i 116; in the Bundesrath, i 156. Mecklenburg-Strelitz, i 116.
Medical and veterinary practice (G.), im- perial regulation of, ii 174.
Melville, Lord (E.), impeachment of, ii 344.
Mersen, Compact of (G.), 870, i 109. Metric system (U. S.), ii 141. Meuse, River, i 7, 9.
Meyer maintains that the Federal Council alone is the legislature (G.), ii 91.
Mexico, Tableland of, i II. Militia (U. S.), power of Congress to pro- vide for, and for calling into service of U. S., ii 154; Congress has created a militia, ii 259; President authorized to call it into service of U. S. in his dis- cretion, ii 259; disobedience to this call cognizable by court martial, ii 260; Commonwealths appoint militia offi- cers, ii 262.
Miller, Mr. Justice, opinion in the Slaugh-
ter House Cases (U. S.), i 221 ff., 228; opinion in Watson v. Jones, i 228; dis- sents from majority in Milligan Case, i 251.
Milligan Case (U. S.), doctrine of, i 248 ff., ii 261; the dissenting opinion, i 251. Ministers (E.), how selected, ii 213; Bage- hot's theory, ii 214.
Ministers (F.), powers of the President must be exercised through the ministry,
and every act countersigned by a min- ister, ii 301; qualification of ministers, u 302; have seats in the Council of State, ii 302; have access to the legislature, and may be members thereof, i 302, joint and several political responsi bility, i 171, ii 302; enforced by Deputy Chamber through dismissal, i 172, 11 302; works badly in practice, ii 316; individ- ual criminal responsibility, sponsibility to Senate for crimes com- mitted in exercise of their functions, i 303. 353 354; procedure on trial to be regulated by law, ii 304.
Ministry (see France, German Empire, Great Britain, United States, Constitu tion of the Executive); comparative study, ii 313 ff.; irresponsibility of min- isters, ii 313; political responsibility to the legislature, ii 313 ff.; such responsi bility is requisite to neither an heredi- tary nor an elective executive, ii 315, 316; under what condition it is advan- tageous, ii 316; comparison of French and English systems, ii 316. Minority a temporary disqualification for the exercise of royal powers (E), 189; Coke's theory, i 190. Mississippi basin, i 12. Mississippi v. Johnson (U.S.) apparently supports statement of text concerning presidential exemption from judicial process, ii 245.
Mixed form of state, so-called, i 75; ana'- ysis thereof, i 76.
Modern state, is democratic, i 81; works through the means of government and liberty, i 87; characterized by individ ual liberty, i 174.
Monarchy, defined, i 72; develops the power of the state, i 74. Monarchic immediate government, ii 2; more favorable to liberty than demo- cratic immediate government, ii 2, ten- dency of modern politics is away from monarchic government, ii 37. Monarchic state with aristocratic govern- ment, ii 3.
Monetary system (U. S.), exclusively reg
ulated by Congress, ii 137. Money bills, initiation of, in Congress (U. S.), ii 58; initiation of, in Paria- ment (E.), ii 75; amendment and rejec tion, ii 76; (F.), must be presented to Deputy Chamber first, ii 94, 297; power of Senate over, ii 94, 128. Mongols in the United States of America, i 19, 29.
Morality of policy of absorption, i 41; of race amalgamation, i 42; of deporta- tion, i 42; of restriction of immigration, i 43; of colonial policy, i 46. Morgan, Senator (U. S.), position in de- bate over the statutory regulation of the manner of counting the electoral vote,
Munster, Escheatorship of (E.), incom- patible with membership of House of Commons, ii 67.
Napoleon I (F.), i 105; destroys the Holy Roman Empire, i 113.
Napoleon III (F.). See Louis Napoleon. Nassau, absorption by Prussia, i 116. Nation, Part I, Bk. I, i 1-48; derivation
and definition of the term, i 1; distinc- tion between Nation and State, i 4; be- tween Nation and nationality, i 5. National Assembly (F.), the organization
of the democratic state, i 128; frames the Constitution of 1791, i 128; under the present Constitution, i 169; practically not dissoluble by the President, i 171,
National political character, i 30-40; diffi- culty of the subject, i 30; of the Greek and Slav, i 31; of the Celt, i 33; of the Latin race, i 35, 36; of the Teutonic race, i 37.
National State, on what it depends, i 21; the work of the Teuton, i 37, 44; the most modern political institution, i 38; its advantages, i 38, 39; inevitably democratic, i 81; the most perfect po- litical organ yet attained, i 86. National unity and the State, i 3, 40. Nationality, and nation, i 5; a State com- posed of various nationalities, i 42 ff.; perfecting its nationality the secondary end of the State, i 86. Naturalization (U. S.), power thereover not in Congress alone, i 144 ff. Natural rights, theory of, i 88, 175 ff. Navy (F.), President is commander of, ii 294; appointment and dismissal of officers, i 298; President may make disposition of navy, ii 299. Navy (G.), constitutional provisions, ii 176 ff.
Navy (U.S.), power of Congress to provide for, ii 154; Commonwealths forbidden to keep, in time of peace, ii 154; command vested in President, ii 155, 159, 260; in- cludes disposition of the forces, ii 260; execution of military law, ii 260; waging defensive war and suppression of rebel- lion, ii 261; suspension of civil govern-
ment on the theatre of war, i 261; nomination of officers, ii 262; dismissal in time of war, ii 261; in time of peace dismissal follows sentence of a court martial only, or the commutation of such a sentence by the President, ii 262; officers are excepted from the jurisdic- tion of the Senate as a Court of Im- peachment, ii 333.
Navy, Secretary of (U.S.), when he shall act as President, ii 240.
Negro race in the United States of Amer-
ica, i 19, 29; in the colonial period, i 99. Norman invasion of France, i 126. Normandy, confiscation of (F.), i 126. North America. See America.
North German Union, creation of, i 116- 118, 120; not joined by the States south of the Main, i 118; regarded by the South German States as the successor to Prussia in international relations, i 118; the Zollverein, i 118; constitutional pro- vision for the admission of South Ger- man States, i 119; organization of the State in the North German Union : ac- cording to the juristic theory, 121; according to the theory of political sci- ence, i 121-123.
North Pacific Slope, i 12. Northern Plain of North America, i 13. Northstead Manor, Stewardship of (E.), incompatible with membership of House of Commons, ii 67.
Oath, coronation (E.), contains enumera- tion of duties of the Crown, ii 196; of King (P.) to support the Constitution, ii 268; of office of President (U. S.), the taking thereof a necessary qualifi- cation to entering upon the office, ii 243. Obligation (U.S.), term defined, i 235 ff. Offenses against the law of nations (U.S.), i 186, ii 133.
Officers, of Commonwealth (U. S.), vio- lation of due process of law by them, i 210. Oldenburg, i 116; specific rights under the Constitution, i 162.
Opinion, liberty of (U. S.), i 189. Ordinance power, defined, ii 299. Ordinance power (U. S.), is vested in Congress, ii 166; includes every appro- priate means not forbidden by the Con- stitution, i 167; (G.), is vested in the legislature, ii 178; Laband's division of the ordinance power, ii 178; the Fed- eral Council possesses only residuary powers, ii 179; (E.), is vested in the Crown, ii 199; (F.), some commentators
hold that residuary power is vested in the President, ii 299; the author's view, ii 299 ff.; comparative study, ii 318 ff. Ostfranken, boundaries in 843, i 109; in 870, i 109.
Otto the Great (G.), arrests the aristo-
cratic development of the State, i 110. Oxford University, representation in House of Commons, ii 62, 66. Pacific Slope, i 12.
Pardoning power of executive (E.), ii 208;
(F.), ii 301; (U. S.), ii 262, 337. Pactum confraternitatis (P.), 1457, ii 266. Palmerston, Lord (E.), attempted im- peachment of, ii 344.
Papist (E.), disqualified from inheriting or enjoying the crown, ii 189; marriage to a Papist a disqualification for hold- ing the royal office, ii 189 ff. Parliament (E.), as state and government, i 76; in the seventeenth century, i 94; power of dissolving it originally discre- tionary in the Crown, i 96. I. Organi- zation: 1. General principles, bicameral system with parity of powers, ii 59; 2. Sources from which the legislature pro- ceeds, ii 59 ff.; A. Commons: qualifi- cations of electors generally, ii 59; in English counties, ii 60; in Scotch coun- ties, ii 60; in Irish counties, ii 60; quali- fications of non-owners of an estate or interest in realty, ii 61; disqualifications of electors, ii 62; criticism of this sys- tem, ii 62; B. Lords, ii 63, 111; (a) in- heritance, English peers, ii 63; (b) elec- tion, Scotch peers, ii 63; Irish peers, ii 63; (c) appointment to a peerage of Great Britain, or to an extinct Irish peerage, ii 64; Lords of Appeal in Or- dinary, ii 64; (d) ecclesiastical office, ii 64; credentials of members of Com- mons House passed on by Queen's Bench Division, ii 65, 114; of members of House of Lords by the house itself, except in case of an old peerage, ii 65; 3. Principle of representation, ii 65 ff.; A. Commons: original principle, ii 64; principle since 1832, ii 65; principle of the Act of 1885, ii 66; modifications and exceptions, 66; representation is un- instructed, i 67; resignation of mem- bers, ii 67; B. Lords, ii 67, 115; num- ber of the peers of Great Britain only is unlimited, ii 67 ff.; are uninstructed, ii 68; resignation, ii 68; 4. Qualifica- tions of members: A. Commons, ii 69; disqualifications, ii 69; B. Lords, ii 70; 5. Rights and privileges of members:
A. Commons, (a) immunity from ar- rest, ii 70, 121; (b) privilege of freedom of speech and debate, ii 71; B. Lords, (a) immunity from arrest, ii 71, 121; (b) privilege of freedom of speech and debate, ii 71; (c) privilege of access to the throne, ii 72; 6. Summons, adjourn- ment, prorogation, and dissolution, ii 72 ff., 123, 202; by the crown acting under the advice of the Prime Minister, ii 72; statutory triennial meetings, ii 72; self-adjournment by each house, ii 72; dissolution by limitation, ii 73; and by the ministry, ii 73, 213; 7. Quorum fixed by rules of each house, ii 73, 125, 215; 8. Internal organization: A. Commons, elect their speaker, ii 74; B. Lords, Lord Chancellor is the customary speaker, ij 74; C. both houses, each makes its own rules of procedure and discipline, ii 74; may commit an outsider for contempt, ii 74: 9. Mode of legislation: (A) in- itiation: (a) of a public non-money bill in either house, ii 75; exceptions, ii 75; (b) of a money bill in the House of Commons only, ii 75, 128; (c) of a pri- vate bill in House of Commons, ii 76; (B) passage, ii 76; money bills are not subject to modification, ii 76; (C) formal approval by the crown, ii 46; II. Powers, ii 131 ff.; may legislate upon any sub- ject, ii 131.
Parliamentary government, defined, ii 13; modification in practice of the theoreti- cal definition, ii 14; to what conditions of society applicable, ii 15; present dis- satisfaction with this form, ii 38; does not necessarily follow the introduction of heads of executive departments into the legislature, ii 119.
Particularism (U. S.), existence of, i 230. Patents and copyrights (U. S.), regulation thereof by Congress, ii 143 ff. Patriarchal State, i 73. Peerage (E.), possession of a disqualifica- tion to vote for member of House of Commons, ii 62, 69; exception in the case of certain Irish peers, ii 62, 69; possession of an English peerage a qual- ification for membership of House of Lords, ii 63; representation of the Irish peerage in House of Lords, ii 63, 67; revival of extinct peerages, ii 64; rep- resentation of the Scotch peerage in House of Lords, ii 63, 67; cannot be increased by appointment, ii 64; effect of acceptance of a peerage of the United Kingdom by a Scotch peer, ii 68.
Pembina Mining Co. v. Pennsylvania, doc- trine of, i 211.
Pennoyer v. Neff, doctrine of, i 211 ff. Pensacola Telegraph Company v. The Western Union Telegraph Company, doctrine of, ii 140.
Permanence of the State, i 52. "Person (U. S.), defined, i 211.
Personal union of executive of two States, i 78.
Petit jury (U. S.), trial by, i 187. Petition, right to (U. S.), i 192. Philosophy, French, influence of, in fram- ing the United States Judiciary, ii 358; Piety the fundamental principle of the State, ii 60.
Pierre, Eugène (F.), views on power of the
Senate to organize itself as a court, ii 353. Piracies, felonies on high seas, offenses against the law of nations (U.S.), i 186,
Plébiscite (F.), not introduced by Bona- parte, but by the Jacobins, i 128; re- introduced by Louis Napoleon, i 130; examined, i 133; difference between the English and the French plébiscite, i 139. Police power, defined by United States
Supreme Court, i 213; history of the conception, i 214; in Greece, i 214; under absolute monarchy, i 214 ff.; developed by the civilians, i 215; four fundamental principles of the police power, i 215 ff.; function of the police power, i 216; police power defined, i 216; in United States, ii 136; police power of Commonwealths (U. S.) not interfered with by Fourteenth Amend- ment, i 213; the theory of the Supreme Court obsolete, i 216; the domain of the police power fixed by the Common- wealths subject to revision by the federal judiciary, i 216 ff.; not limited by Art. I, sec. 10, § 1 of the Constitution, i 237; defined by the court, i 237 ff.; danger of exaggerated notions concerning its extent, ii 184.
Policy, colonial, of the Teutonic race, i 45; as viewed by North Americans, i 45; its justification, i 46.
Political character. See National Political Character.
Political divisions of Europe, i 21-28. Politique, meaning of the term, i 74. Poll tax a direct tax (U. S.), i 199. Pomerania, Swedish, i 113.
Portugal, political relation to Spain, i 21. Portuguese ethnology, i 13.
Postal service (G.), i 161, ii 169, 282 ff.; (U.S.), a federal government monop- oly, ii 139; limitations of powers of Congress, ii 139 ff.
Postmaster-General (U.S.), when he shall act as President, ii 240.
Power, political, its exercise, i 45; an end of the state, i 83.
Prerogative, royal (E.), defined by Locke, ii 197.
Prescription does not run against the Crown (E.), ii 194.
President (F.), A. Organization: I. Elec- tion by electoral college composed of members of legislature, ii 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; execu- tive powers temporarily vested in the Council of Ministers, ii 290; no provis- ion for a temporary 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 the United' States, ii 291 ff.; is Grand Master of the Legion of Honor, ii 292; protection against insult and libel, ii 292; compen- sation, ii 292; B. Powers and Duties: I. Diplomatic: 1. to make defensive war, ii 293; to make offensive war, with the consent of the legislature, 293; prece- dents, ii 283; by implication, President is commander of army and navy, ii 294; 2. to send and receive ambassadors, etc., ii 294; legislative control, ii 294; 3. to negotiate and conclude treaties, ii 294; most treaties require legislative ratifica- tion, ii 295; President must inform the legislature of his acts, ii 295; II. In leg- islation: 1. to call and adjourn the legis- islature, ii 295; 2. prorogue, ii 295; 3. dissolve the Deputy Chamber, i 171, ii 294; 6. to propose that chambers go into National Assembly, ii 296; power over the National Assembly, i 171, 172; 5. to initiate legislation, ii 295; 6. may require chambers to reconsider a law, ii 297; 7. to promulgate the laws, ii 297, 298; III. Civil Administrative Powers: 1. to execute the laws, ii 298; 2. to ap- point and dismiss all officials, ii 298; lim- itations and qualifications, ii 298; 3. to
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