The three great revolutions in the English political system: 1215, Magna

1485, the foundation of the Absolute Monarchy

The Stuarts and the Guelphs

1832, the Reform Bill .

Its revolutionary nature and consequences

The House of Commons is the organization of the state

PAGE

92, 93

93

94

95

96

97

CHAPTER II. HISTORY OF THE FORMATION OF THE CONSTI-

TUTION OF THE UNITED STATES.

The constitution of the United States the product of revolution; three periods

in American history prior to 1787; a. The Colonial Period

The elements of national life existed in the Colonial Period.

b. The Revolutionary Period

c. The Confederate Period

98

99

100

Attempts to work out of the Confederate System; Bowdoin and Hamilton .
The Annapolis Convention, 1786

The Philadelphia Convention, 1787; revolutionary nature of its labors

CHAPTER III.

ΙΟΙ

102

103

104-108

HISTORY OF THE FORMATION OF THE CONSTI–

TUTION OF THE GERMAN EMPIRE.

The genesis of the modern German state goes back to the Carolingian con-

stitution: The Empire of Charlemagne

Disintegration thereof and formation of The Holy Roman Empire

The Hohenstaufen Emperors; Attempt of Maximilian I to check particu-

larism

Charles V; The Thirty Years' War

The destruction of the Empire, 1806; The German Confederation, 1815-

1866

The effort of Prussia to form a national state, 1866

The Schleswig-Holstein dispute and Prussian Ultimata of 14-15 June,

The Zollverein; Treaties between the North German Union and the South

German States; Foundation of the Empire.

119

The organizations which participated in the formation of the constitutions of

the North German Union and the German Empire

120

The theory that the Federal Council represented the sovereignty in ordaining

the constitution

121

Historical objections to this theory: the Convention Parliament was the

organization of the sovereignty

Technical objections to the theory which regards the Federal Council as the

organization of the sovereignty

CHAPTER IV. THE HISTORY OF THE FORMATION OF THE

FRENCH CONSTITUTION.

The Carolingian constitution the point of departure: The Aristocratic

PAGE

The Revolution of 1789

The Directory, Consulate, Empire and Restored Monarchy.

The Orleans Monarchy, Republic of 1848, and Coup d'état of 1851

All of the four above-mentioned states have reached the Democratic stage. 134

PART II. COMPARATIVE CONSTITUTIONAL LAW.

BOOK I. THE ORGANIZATION OF THE STATE WITHIN

THE CONSTITUTION.

The three fundamental parts of a complete constitution

CHAPTER I. THE ORGANIZATION OF THE STATE IN THE

BRITISH CONSTITUTION.

The House of Commons determines the law which regulates constitutional

questions

The newly elected House of Commons is the organization of the state

within the constitution and back of the constitution

137

138

139

Advantages and disadvantages of this organization

140, 141

CHAPTER II. THE ORGANIZATION OF THE STATE IN THE CON-

STITUTION OF THE UNITED STATES.

Constitutional Provisions

Complex organization of the state within the constitution

142

143

1. An initiating general convention with ratifying conventions in three-
fourths of the states

2. Initiation by Congress with ratification by commonwealth legislatures

Advantages and disadvantages of this organization.

3. Ratification in such manner as Congress may direct

Practice of Congress in treating the origination of amendments as exempt

from the veto power of the President

The submission of proposed amendments to the ratifying conventions or

legislatures.

Revision of their action by the ratifying bodies

146

147

148

149

Conditional ratification

Criticism of the organization of the state in the constitution of the United

States

Repetition of vote a preferable method for securing deliberation

Such an organization of the state attainable legally only by amend-

PAGE

150

151

152

153, 154

CHAPTER III. THE ORGANIZATION OF THE STATE WITHIN

THE GERMAN CONSTITUTION.

155

156, 157

General limitation: The extraordinary majority in the Bundesrath

Special limitation: Provisions guaranteeing specific rights to certain com-

monwealths cannot be changed except with the consent of the common-

wealth so privileged

Enumeration of these specific rights: 1. Specific powers

2. Specific exemptions: Bavaria

Wurtemberg

Baden; Oldenburg.

Manner in which the will of the privileged commonwealth is expressed
The specific limitation subject to the general limitation

163

164

Criticism of this organization of the state: (1) The power back of the

constitution is the German people under the lead of the Prussian

organization.

(2) A single prince may arrest constitutional development

(3) Confusion of state with government

CHAPTER IV. THE ORGANIZATION OF THE STATE IN THE

FRENCH CONSTITUTION.

Organization and Powers of the National Assembly

Theory that the National Assembly may consider subjects which one house

has not resolved to consider.

Power of the President to dissolve the National Assembly

Self-limitation by the National Assembly

Criticism of this organization

BOOK II. INDIVIDUAL LIBERTY.

CHAPTER I. THE IDEA, THE SOURCE, THE CONTENT, AND THE

GUARANTY OF INDIVIDUAL LIBERTY.

The Idea of individual liberty; the existence of a constitutional individual
liberty, the great distinction between the modern state and mediæval

and antique state

The source of individual liberty—the state, not nature

174, 175

175-177

The Content of individual liberty.

PAGE

177, 178

The Guaranties of individual liberty. In this point the United States far

CHAPTER II. THE SYSTEM OF INDIVIDUAL LIBERTY PROVIDED

IN THE CONSTITUTION OF THE UNITED STATES.

Theory of 1789-1860 that the Commonwealths are the defenders of individ-
ual liberty; the first ten amendments
Lesson of 1789-1860 that individual liberty is national: the XIII and XIV
Amendments; Analysis of individual liberties

184

185

185

186

186

187

1. Bills of attainder and ex post facto laws prohibited

2. General warrants prohibited.

3. Suspension of writ of habeas corpus in time of war only.

10. Excessive fines and cruel or unusual punishments prohibited

11. a. Freedom of speech and of the press

187

188

189

189

189

190

191, 192

b. Freedom of assembly and of petitioning the government for the

redress of grievances

Distinction between Commonwealths and territories in this

respect.

c. Freedom of religion and worship

Same distinction

194

II. The Immunities in respect to private property.

The subjects of private property in Commonwealths and territories

1. a. All bills for raising revenue must originate in the House of Rep-

resentatives.

c. Private property shall not be taken for public use without just

compensation

197

Due process of law in exercising the right of eminent domain

2. Procedure in the exercise of the power of taxation.

a. Taxes on exports from Commonwealths forbidden

b. Direct taxes shall be levied in proportion to the population

c. The rate of taxation shall be uniform.

d. The general government may not tax the necessary governmental

instrumentalities of the Commonwealths

3. Immunities against judicial procedure

a. General search warrants prohibited

.

PAGE

198

• 199

199

199

199

b. Trial by jury

c. Billeting of soldiers on citizens regulated

Implied exceptions.

B. Immunities against the Commonwealths.

I. Personal Immunities.

I. No "state" shall pass any bill of attainder or ex post facto law, 201, 202

2. Slavery and involuntary servitude except as a punishment for crime
abolished

Interpretation of the XIII Amendment

The social incidents of involuntary servitude not affected thereby

Enumeration of the civil incidents that are abolished

a. No "state" shall deprive any person of life, liberty or property

without due process of law, or deny to any person within its

jurisdiction the equal protection of the laws.

Civil Rights Acts of 1870 and 1875

Interpretation by the Supreme Court: "state" defined

The XIV Amendment does not interfere with the police power

of the Commonwealths-doctrine of Barbier v. Connolly

"Police power" defined

Etymology and history of the term

Principles governing the police power in modern political

science

"Equal protection of the laws" defined

b. No state shall make or enforce any law which shall abridge the

privileges and immunities of citizens of the United States

Who are citizens of the United States

Citizenship of the United States is conferred by the constitution

Confusion of thought on this subject.

219

220