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

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

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. 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

109

ΠΙΟ

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

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

1866.

113

The effort of Prussia to form a national state, 1866

114

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

The organizations which participated in the formation of the constitutions of

the North German Union and the German Empire

I 20

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

State

The Absolute Monarchy

PAGE

The Revolution of 1789

The Directory, Consulate, Empire and Restored Monarchy.

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

The Franco-German War, 1870

Reorganization of the state, 1871

The plébiscite in the French state

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

PART II. COMPARATIVE CONSTITUTIONAL Law.

BOOK I. THE ORGANIZATION OF THE STATE WITHIN

THE CONSTITUTION.

The three fundamental parts of a complete constitution

137

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

Advantages and disadvantages of this organization

138

139

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

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.

144

145

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

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-

ment

151

152

153, 154

CHAPTER III. THE ORGANIZATION OF THE STATE WITHIN

THE GERMAN CONSTITUTION.

Method of Amendment: The usual course of legislation

General limitation: The extraordinary majority in the Bundesrath

155

156, 157

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

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

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

The source of individual liberty- the state, not nature

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

178, 179

Guaranties in the German Imperial System

179, 180

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

A. Immunities against the Central Government.

I. Personal immunities .

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.

8. Due process of law must be preserved on the trial.

10. Excessive fines and cruel or unusual punishments prohibited.

11. a. Freedom of speech and of the press

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

redress of grievances

184

. 185

185

186

186

187

187

187

187

187

188

189

189

189

190

The subjects of private property in Commonwealths and territories

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

resentatives.

195

196

b. All appropriations of money shall be made by law

197

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

compensation

Due process of law in exercising the right of eminent domain

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

198

.

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

c. The rate of taxation shall be uniform.

199

199

d. The general government may not tax the necessary governmental

instrumentalities of the Commonwealths

199

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

202

203

The social incidents of involuntary servitude not affected thereby

Enumeration of the civil incidents that are abolished

jurisdiction the equal protection of the laws.

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

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

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

213

213

214, 215

215, 216

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

of the United States

Confusion of thought on this subject .

219