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180 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