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INDEX

ACT OF SETTLEMENT, 26, 33 dynastic order ignored, 34 substance of, 35-36

Act of Union, see Ireland and Scotland

America, see United States Arbitration between constituent states in U.S., 169-170 Aristocracy, political, absence of in U.S., 124 Assemblies constituent and legis. lative, 46

distinction wanting in England, 46-48

B

BAGEHOT on representative assemblies, 94

Bankruptcy, leniently treated in
U.S., 128
Bill of Rights-

place in English written Con-
stitution 26, 30, 45,
omission of religious liberty, 32
omission of freedom of press, 32
means of enforcing, 33

C

CABINET (see also Ministers)unknown to written law, 19 King's presence at 23

Cabinet (see also Ministers)affected by Act of Settlement, 36

Chamberlain, Mr., on doctrine of resistance, 37

Channel Islands not part of United Kingdom, 11

Church, Established, nature of, 11 Clergy (English), electoral rights of, 20, 21

Colonies (English), government of, 14 Congress (U.S.).—

Ministers excluded from, 85,

95

Bills, how reported to, 97. Committees of, 96, 100, 101 "Commons," etymology of, 157 Compacts

place of in English Constitution, 8, 18, 20, 26, 154 revolutionary nature of, 37-38 Conseil, Monsieur, 59 Constitution

English, see English
French, see French

United States, see United
States

variance of English and French
conceptions, 3, 5, 12, 38
written, inconveniences of, 6
effect of geographical position
on, 104-110

study of spirit of, 110

precise sense of the term, 154 Constitutional documents study of original texts, 57-61

Constitutional law, not studied in
France, 55
Constitutions-

democratic tendency of,173-175 logical tendency of, 173-175 Convention of 1688

spirit of discussions in, 40 Convocation, powers of changed by Compact, 20

Cooley on U.S. Constitution, 65
Corps Législatif-

spirit of discussions in, 41, 98

Crown (English)

succession to; dynastic order
ignored, 34
veto obsolete, 23

Prerogative undefined, 19
see also Public Powers

Custom, as part of English Constitution, 8, 17, 18, 19

effect on U.S. Constitution, 74

Customary law

in English Constitution, 45
French dislike of, 168

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E

ELECTORAL franchise, seo franchise
England-

colonial relations, 14-16
basis of sovereignty, 156, 168
political rights of individuals,
157, 158

FEDERAL Government, see U.S. Constitution

Federalism (U.S.), original vagueness of, 58

Federation, Imperial, see Imperial France

ideas of Sovereignty in, 144147, 162-175

the individual as the unit of power, 155, 164, 167

Franchise, electoral

in U.S.; variety of, 112, 132,
136, 159

in England, 157, 158
in France, 136

French Constitution

a single document, 5

spirit of political powers, 145-
147

public powers created by, 151
analogies to Constitutions of
States (U.S.), 71, 152
founded on imperative law, 154
relation of individual rights to,
155, 162, 164, 167
effect of popular excitement on,
162-165

logical character of, 167-170
Sovereignty, basis of, 144-147,
162-175

modification, possibility of, 171 contrast to English, 172

French Constitutions, number of, 49

French Public Powers, 151
French Revolution-

political conditions of, 143-147

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IMMIGRATION

I

U.S., policy of, 129 religious liberty in relation to,

130

Imperial Federation

an estimate of its likelihood, 16 Indian Government Act

place in Constitution, 13 Individuals, right of

see English, French, United States Constitutions

Ireland

Act of Union, a treaty, 8 separate parliament, danger of in regency, 9 separate laws of, 11

J

JEFFERSON, maxim on federal government, 71

Johnson, President: conflict with Senate, 92

Judges (English) irremovable, 35, 36 (U.S.) irremovable, 117

see also Supreme Court (U.S.) Jury trial, place of, in U.S. Constitution, 65

K

KING, SENATOR, 101

M

MAGNA CHARTA

basis of written Constitution, 26, 27

obsolete as a document, 29

Man, Isle of, not part of United Kingdom, 11

Ministerial responsibility in England and U.S., 142

Ministers in U.S., see Congress

P

PARTY Government, absence of, in
U.S., 86, 87

"People," constitutional meaning
of, 156

Philadelphia Convention, 81, 85,
118, 159

separation of legislature and
executive, 85

anti-democratic spirit of, 111-
113, 118

Prerogative, royal, undefined in
England, 19
President (U.S.)—

mode of electing, 75, 108, 110,
161

powers as to treaties, 90
powers as to cession, 91
term of office, 113, 115
Press, freedom of, 32, 66
Privy Council, revival of, 23
Public powers, see England, France,
United States

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powers as to treaties, 90
powers as to cession, 91
veto of nomination abandoned,
93

Committees, 100, 101

fixed duration of, 113, 115
equal representation of States
in, 120, 160

mode of election, 122
Sovereignty, conceptions of, 141-175
see also England, France,
United States

State Sovereignty in U.S. Con-
stitution, 122

State Constitutions (U.S.)-~~

democratic spirit of, 123
Statutes as part of English Consti-
tution, 8, 18, 46
Supreme Court-

see United States

R

REFORM ACTS, 157, 158
Religious liberty, 32, 66

Resistance, doctrine of, 33, 37
Revolution (of 1688), 30; French,
see French

Rosebery, Lord, on Imperial Federa-
tion, 16

Rossi, Monsieur, 55

Rousseau's theories, 39

Rowan, Senator, 77

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SACHEVERELL CASE, 33

Salisbury, Lord, on doctrine of

resistance, 37

Scotland-

Act of Union, 8, 10

separate laws of, 11

U

UNITED STATES-

Constituent States, rights of,
63, 66, 72, 111, 112, 119,
120, 123, 159

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