Constitutional law, not studied in France, 55 Constitutions democratic tendency of, 173-1 75 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 Legislatif spirit of discussions in, 41, 98
Crown
(English) succession to ignored, 34
dynastic order
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
of Rightdiscussions on, 40, 41
Declaration
made
a statute, 47 Declaration of Rights (U.S.)— rights of States under, 65
English Constitution origin and spirit of, 3-51 scattered character of, 4, 6, 12 principal sources of, 8, 154 oscillating nature of, 24 doctrine of resistance, 33, 37 historical descent a feature, 43 effect of public spirit, 48, 51 special characteristics of, 50
not codified, 50 contrast to U.S.
Constitution,
141 dependent on not Powers, 148 of compromise element supple nature of, 170 Sovereignty, basis
of,
Public in,
169
156, 168
English Crown distinguished from dynasty, 34 veto obsolete, 23
English institutions independent nature of, 150 English politics compromise as an element of, 169 English Public Powers relations of, 18, 19, 22 possession as title of, 148 relation to Constitution, 148 Ecpaity, French dislike of, 168
see also U.S. States rights
Democracy nature of in U.S., Ill, 128, 135, 136 nature of in France, 126, 136 effect
125111,
on modern constitutions,
173-175
Electoral
franchise, see 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 variety of, 112, 132, in U.S. 136, 159 England, in 157, 158 in France, 136