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A Comparative Study of Federation on the United States Since The A COMPARATIVE STUDY OP PIBKRATION THB OTITU5 STATES SIHC^ THB OTGUIRATION OP BID18PTOD1NOE, IH SWITZ1RLAHB 8IHCB THB THIRTTOJTH CESTTOY AKD IS GERMANY SIHCB 1S66, WITH TO PSDKRATIOK IK TETBB BRITISH THBSIS POR M* A. DBGRE1 IB THB HOKOUR SOHOOL OP HISTORY, BY BORIS MADBKL MAY 1917. BU 2502343 8 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. C 0 N T -g : ] T S (i) Chapter 1. INTRODUCTION page Democracy and ^atlonalism and Federalism...................... 1 Rapid growth of Federalism........... ........................ 2 Classification of States into unitary and Composite........... 2 Composite State............................................... 3 T'lnds of Composite States..................................... 3 Confederation of States.and federal State..................... 3 Conditions favourable to Federalism. A certain uniformity.................................... 4 A certain diversity..................................... 6 Characteristics of Federal state.............................. 8 A partial Union Distribution of Powers - two principles External Unity............................. 9 Tnter-Stat^ Agreeanstrtu.....................10 'Compact theory 1 of Federation..........................12 Federal State consists of individuals...................14 and must have control over them - contrast Confederation of States.............................. .................15 Question of 'definite powers 1 ...........................22 Independence of statw within its own sphere.............23 Principle of divided sovereignty........................25 Written and rigid Constitution..........................26 Supremcy of Constitution...............................27 Amending auth rity......................................28 ^o "Legal Sovereignty" in a Federal State...............29 Interpretation of Constitution disadvantages of Federalism.......................... ........33 Advantages of Feder lism......................................34 COrJTSKTS (ii) Chapter 11. TITS PHITTO STATES 0? AMERICA PAGE Growth of Federation •British Colonies in America 1763, ......................... 40 description, ........................*...........**••••••••< 40 Schemes of Union before 1774* ................•••••••••••••• 43 Spirit of Independence early displayed. ,..».......»...••••• 45 War of Independence - cause. .................. t ............ 46 Connection of Independence arKr Union. ...............••••••• 47 continental Congresses of 1774 and ,1775. ................... 48 Articles of Confederation. ......................*...••.*.•• 49 ^ot a federal State *............,.......................... 50 Weakness of Congress ....................*......*....••••»•< 51 Establishment of 'federal Stats' ....... ** ................... 52 question and Civil Tar. ............................... 55 of federation. Its regularity. .......... ................................. 56 •Definite Powers 1 to Federal Government. ................... 57 Powers of federal r-overnmert . .............................. 58 Restrictions on States. .....................*.............. 59 Restrictions on Sjrates and federation. ..................... 60 Restrictions on Federal Government. ........................ 61 Contact with individual. ................. ................. 62 Powers of States ........................................... 63 Influence of rtate as a separate i?nit. ..................... ^'' Hew States ................................................. 6 7 Amendment of Constitution. ................................. 68 Development of Constitution "fyy usage, legislation and...... 72 interpretation. , .. 73 Central Government Executive. ................................................. 76 Legislature. ............................................... 36 General • character of Government ............................. 92 Sources of Constitution. .................................. 93 Appendix. - Entrance of States into Union. COHTEHTS (ill) Cluster 111. SWITZERLAND page GROWTH Off ?gDgRATIOSi Contrasted with U.S.A......................*...•••• 94 Part of wider history of Europe.................... 95 Connection with Krapire.....................••••*••• 97 Slow growth of Federation.......................... 99 Until 1798 Sovereign States purely German..........101 One of many leagues................................101 Loose Confederation................................102 Helvetic Republic..................................104 federal State formed...............................105 Switzerland compared with U.S.A....................106 NATURE Off fflDERATIOH Definite powers to federation......................108 Restrictions on Cantons............................109 Constitutional rights of individuals...............109 Power of Federation......... ......................Ill Relation of Federation and Cantons.................114 BxtenaivenesB of Federal Power....................116 Wide legislative but small executive powers........117 Army! taxation and courts..........................118 Enforcement of Federal Laws........................121 Amendment of Constitution..........................123 Compared with TT.S.A. ..............................12* and with ordinary legislation......................127 Initiative and Referendum..........................128 FEDERAL GOVBRMiBNT Compared with U.S.A................................133 Legislature........................................134 Bxedutive..........................................138 Judiciary..........................................146 Swiss Democracy....................................150 Appendix (i) Table illustrating frowth of Confederation. Appendix (ii) Haps illustrating growth of Confederation. CONTENTS ——————————— (iv) Chapter IV. JSMMAFT page HISTOHY Connection of Germany with the "Empire" .........*•« 153 Cradual Identification of the ft!3mpire Mwith Austria* 156 Weakness of royal power in Germany. ................ 157 Rise of aristocracy. ...... .........*.«*«. .......... 157 Growth of Prussia* ................................. 158 Rivalry of Prussia of Austria. ..................... 159 Prussia and Napoleon .............................. 160 Reorganisation of Prussia 1812. .................... 161 Germany after 1815.. ............................... 161 Confederation. ..................................... 163 1848. .............................................. 164 New regime in Prussia. ..,.......,....».........*«.. 165 Zollverein. ........................................ 166 1866......... ..................................... 167 1870. .............................................. 168 NATURE 0? PKD1SRATKB Monarchical character .............................. 170 Governments of states, influence of Princes......*. 170 Distribution of powers in federation... ............ 174 Amendment of Constitution. ........................ 175 Small ISxeeutive power of Federation, influence of Princes.. .......... ............................. 176 Army* .............................................. 177 Navy. .............................................. 178 Judiciary. ......................................... 179 Federal Execution, ................................. 180 Influence of Princes in Central Government. *....«•• 181 Inequality of States. .............................. Bxeentive. ............I............................ 192 Legislative... ..................................... 197 Judiciary. ......................................... 204 Appendix i.II&p Gerroany 1815-1866 Appendix ii. Map Growth of reman TTnity. COMTSHT8 ..___——————— (v) Chapter V. TH% BRITISH TflgllB South Africa not a federation..................»..•..*•*••*• 206 .Canada and Australia two Federal States*..................... 207 CAHADA Of double iragport in history of British Aspire*..., 207 Previous legislative Union of Ufcpsr and Lower Canada* ........................................... 207 Quebec 1763* ...................................... 208 Government after 1774**..................*..•..... 209 Constitution of 1791* ............................. 210 Responsible 3 ore mine nt and Union of two Canadas... 211 Federation* ....................................... 212 Tightness of federation* .......................... 213 Distribution of Powers. ........................... 214 Relation of Dominion to Provinces. ................ 2X6 Judiciary* ........................................ 219 Amendraen t of Constitution*........................ 221 Relation of Dominion to Imperial Parliament ....... 223 Central Government. ............................... 224 AUSTRALIA Contrasted with Canada*,.........................* 225 History of federation* ........................... 226 7Gd0rationgonq?ar«d with that of the United States* 227 Disrtibution of Powe s*». ......................... 227 Amendment of the Cons tItution. .................... 228 Central Govermient. ............................... 230 Relations with Isiperial aorernrnQnt*............... 231 Contrasted ;ith Canada* ..........................
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