CO
,'0
Comparative View of Qovernments,
WENZEL.
;^
COMPARATIVE VIEW
OF THE
EXECUTIVE AND LEGISLATIVE DEPARTMENTS
OF THE
GOVERNMENTS OF THE UNITED STATES, FRANCE,
ENGLAND, AND GERMANY.
JOHN WENZEL, i i ^ i ^ . -' .''.'>'
Assistant Librarian of College of Liberal Arts, Boston University. • > > ^ '
BOSTON, U.S.A. :
D. C. HEATH & COMPANY, PUBLISHERS.
1909.
Copyright, 1891,
By JOHN WENZEL
GR'T
PREFACE.
The idea of arranging outlines of the governments of the United States, France, England, and
Germany in parallel columns that comparison might be more readily made, was suggested while
reading Professor Woodrow Wilson's work on historical and practical poUtics, entitled "The State."
It was with the aid of this and a number of other works that the Comparative View of Gov-
ernments was prepared. Having been compiled for private use, it has been published at the
suggestion of Dr. William E. Huntington and others, believing that it would prove useful in fixing
in mind the leading facts of these governments, which are brought out much more fully in " The
State " and other works on civil government. The writer takes this opportunity of thanking those
who have aided in the preparation of these pages, and especially Professor Wilson, who has kindly
consented to examine the manuscript and to make suggestions and corrections.
iii
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Digitized by the Internet Archive
in 2008 with funding from
IVIicrosoft Corporation
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COMPARATIVE VIEW.
.'UmiTf^D STATES.
I. Constitution.
Adoption :
Present Constitution adopted September 1 7, 1 787.
Amendments :
Congress may, by two-thirds vote of both
Houses, propose amendments to the Constitu-
tion, or upon appUcation of the Legislatures of
two-thirds of the several States, shall call a con-
vention for proposing amendments, which, in
either case, must be ratified by the Legislatures
of three-fourths of the several States, or by con-
ventions in three-fourths thereof.
Form of Government:
Republic.
FRANCE.
I. Constitution.
Adoption :
Present Constitution adopted February 25, 1875.
Amendments :
Whenever the two Houses agree that revision is
necessary, and also agree upon particular points
that should be revised, the " National Assembly,"
composed of the Senate and the Chamber of
Deputies, sitting as one body, convenes at Ver-
sailles, and acts upon the amendments proposed,
the vote of an absolute majority being decisive.
The National Assembly also elects the President
of the Republic. (See post.)
Form of Government :
Republic.
ENGLAND.
I. Constitution.
There is no written Constitution except ordinary
law and precedent. Five documents lie at the
foundation of what is called the Unwritten Con-
stitution. They are : —
1. Magna Charta, by King John, 1215 ;
2. Petition of Rights, temp. Charles I, 1628 ;
3. Habeas Corpus Act, temp. Charles II, 1679 ;
4. Bill of Rights, temp. William'and Mary, 1689 ;
5. Act of Settlement, temp. William III, 1701.
Form of Government:
Monarchy in form, but Republic in practice.
GERMANY.
I. Constitution.
Adoption :
Present Constitution adopted April 16, 1871.
Amendments :
Amendments to the Constitution can be proposed
by either of the legislative bodies, are passed by
ordinary legislative process, requiring for their
passage a majority simply of the votes of the
Reichstag, but forty-five out of the fifty-eight
votes of the Bundesrath.
Form of Government .
Federal Empire,
UNITED STATES.
II. Chief Magistrate.
President of the United States.
Term of Office :
Elected for four years by the Electoral College,
and is re-eligible.
The Electoral College consists of Electors appointed by
each State equal to the whole number of Senators and
Representatives to which each State may be entitled in
Congress. Their only duties are the election of the Presi-
dent and Vice-President of the United States.
Qualifications :
Must be a natural bom citizen, fpurteen years
a resident of the United States, and at least
thirty-five years of age.
Succession :
In case of his death, resignation, or inability,
the Vice-President takes his place.
The newly chosen President of the Senate has the
title of Vice-President. In case of the inability of both
President and Vice-President, the Secretary of State, and
after him, in the order of the creation of their offices,
the other members of the Cabinet, act as President until
the disability of the President is removed, or a new
President shall be elected.
FRANCE.
II. Chief Magistrate.
President of the Republic.
Term of Office :
Elected for seven years by the National Assembly,
and is re-eligible.
The National Assembly meets for the purposes of this
election, as for the revision of the Constitution, at Ver-
sailles. The revision of the Constitution and the election
of President are its only functions.
Qualifications :
Must be a citizen, not a member of any family
which has occupied the throne of France.
Succession :
In case of his death, resignation, or removal, the
Council of Ministers act until the National As-
sembly can meet and elect a new President.
ENGLAND.
II. Sovereign.
King (or Queen) of Great Britain and Ireland,
and Emperor (or Empress) of India.
Term of Office :
Holds office for life, by hereditary title, subject
to the conditions of the Act of Settlement.
Qualifications :
Must be a descendant of Princess Sophia of
Hanover, must be a Protestant member of the
Church of England, and married only to a Prot-
estant.
Succession :
Hereditary, following the law of primogeniture.
GERMANY.
II. Chief Magistrate.
King of Prussia, President of the Empire imder
the title Emperor of Germany.
Term of Office :
Holds office for life.
Qualifications :
Must be occupant of the throne of Prussia under
the provisions of Prussian law, by which the
throne is at present bestowed upon the House
of HohenzoUem.
Succession :
Hereditary, following the law of primogeniture
in the male line.
UNITED STATES.
Chief Magistrate {continued).
Responsibility :
May be impeached by the House of Representa-
tives, and tried by the Senate, for treason, bribery,
or other high crimes and misdemeanors.
Powers and Duties :
Commander-in-chief of the army and navy, and
of the miUtia in the service of the Union.
May convene Congress on extraordinary occa-
sions.
Must inform Congress of the state of the Union,
and may recommend measures to Congress : this
is known as the President's Message.
FRANCE.
Chief Magistrate {continued).
Responsibility :
May be impeached by the Chamber of Deputies,
and tried by the Senate, in case of high treason.
Powers and Duties :
Has command of the army and navy.
May convene the Chambers on extraordinary
occasions.
May adjourn the Chambers at any time for a period
not exceeding one month. Can close a regular session
of the Chambers at his discretion after it has continued
five months; an extra session when he pleases. Can with
the consent of the Senate dissolve the Chamber of Depu-
ties even before the expiration of five months. This puts
an end to the session of the Senate also, but not to its
life. The President must order a new election in case of
dissolution.
At the commencement of a new session of the
Chambers the President of the Repubhc sends a
message, which is read by one of the Ministers.
ENGLAND.
Sovereign {continued).
Responsibility :
Cannot be removed. The Ministers are person-
ally responsible for the misconduct of the Sover-
eign.
Powers and Duties :
Has command of the army and navy.
Parliament cannot be assembled, prorogued, or
dissolved except by the express command of the
Sovereign.
At the commencement of a new Parliament
must deliver, either in person or by a commis-
sion authorized for that purpose, a speech de-
claring the cause of the summons.
GERMANY.
Chief Magistrate {continued).
Responsibility :
Irresponsible, and cannot be removed.
Powers and Duties :
Commander-in-chief of the imperial army.
Summons, opens, adjourns, and closes the two
Houses. He may dissolve the Reichstag upon
advice of the Bundesrath.
All measures passed by the Bundesrath are pre-
sented to the Reichstag in the name of the
Emperor.
UNITED STATES.
Chief Magistrate {continued).
Powers and Duties {continued) :
Bills passed by Congress must receive the Presi-
dent's signature in order to become laws ; but
bills not returned by him unsigned to Con-
gress within ten days become laws without his
signature.
Has power to veto any bill or resolution passed
by Congress, but subject to the power of Con-
gress to pass the same after reconsideration by a
two-thirds majority in each House.
Appoints and commissions all federal officers
with the advice and consent of the Senate.
May make treaties with the advice and consent
of the Senate.
Has power to grant reprieves or pardons for
offenders against the United States, except in
case of impeachment.
FRANCE.
Chief Magistrate {continued).
Powers and Duties {continued) :
Bills passed by the Chambers must be signed by
the President, and countersigned by one of his
Ministers.
Has no veto power, but is authorized to demand
a reconsideration of any measure, by the Cham-
bers.
Has power to appoint and remove all officers of
the public service, subject to the countersigna-
ture of the Minister whose department is affected
in each case.
May make treaties of peace, alliance, and com-
merce, but cannot declare war without the ad-
vice of the Chambers.
Has power to grant pardons.
ENGLAND.
Sovereign {continued).
Powers and Duties {continued) :
Bills passed by Parliament must receive the assent
of the Sovereign in order to become law.
Has legally a veto power ; but, because the in-
fluence of the Executive over legislation has
passed into the hands of the Ministers, the veto
of the Crown has been disused since 1707.
Has power to appoint all officers in the army
and navy, judges, ambassadors, colonial govern-
ors, bishops and archbishops of the Established
Church, and grants all degrees of nobility.
May make treaties of any kind.
May grant pardon to any particular offender.
GERMANY.
Chief Magistrate (continued).
Powers and Duties {continued) :
Bills passed by the two Houses must be promul-
gated {i.e. given their imperative clause) by the
Emperor.
But, in case he regards them as involving a
change in the Constitution, he need not pro-
mulgate them unless they have received forty-
five votes in the Bundesrath. (See Amendments.)
All official acts of the Emperor require the counter-
signature of the Chancellor.
Appoints and may, at his pleasure, remove the
Imperial Chancellor. Appoints and may, with
the countersignature of the Chancellor, remove
all minor officers in the imperial service.
May declare war if defensive, and make treaties
and peace ; but for declaring offensive war the
consent of the Bundesrath must be obtained.
Has power to grant pardons.
10
UNITED STATES.
III. Cabinet.
Number of Members :
Eight.
Appointment :
Chosen by the President, but must be approved
by the Senate.
Relations to Congress:
Do not have seats in Congress.
Tenure of Office :
May be removed by the President.
Responsibility :
Responsible to the President.
FRANCE.
III. Cabinet and Council of Ministers.
Both the Cabinet and the Council consist of the same
persons. The Cabinet is a political body; the Council,
an administrative.
Number of Members :
Eleven.
Appointment :
Chosen by the President, generally from among
the members of the Chambers.
Relations to the Chambers :
Are the leaders of the Chambers.
Whether members of the Chambers or not, they have
as Ministers the right to attend all sessions of the Cham-
bers and take a specially privileged part in debate.
Tenure of Office :
Dependent upon the favor of the Chambers ; for
if not sustained, they must all resign.
Responsibility :
Responsible to the Chamber of Deputies.
II
ENGLAND.
III. Cabinet.
Number of Members :
From ten to eighteen.
Appointment :
Nominated from both Houses by the leader of
the dominant party in majority in Parliament
and appointed and commissioned by the Sover-
eign. The leader becomes the Prime Minister.
Relations to Parliament:
Are the leaders of Parliament, shaping and
directing the business of the Houses.
Tenure of Office :
Dependent upon the favor of the House of Com-
mons ; for if not sustained, they must all resign.
Responsibility :
Responsible to the House of Commons.
GERMANY.
III. Imperial Chancellor.
He has no counterpart in any other constitutional
government. He is the Emperor's responsible proxy,
controlling the politics of the Empire.
Appointment :
Appointed by the Emperor. Must be one of
Prussia's seventeen representatives in the Bun-
desrath.
Tenure of Office :
Dependent upon the pleasure of the Emperor.
Responsibility :
Does not consist in a liability to be forced to
resign, but consists simply in amenability to the
laws.
Tsr
UNITED STATES.
Cabinet (continued^.
Powers and Duties :
Meets in consultation with the President con-
cerning matters of poUcy and administration.
Each Minister is at the head of an executive
department.
Members of the Cabinet :
1 . Secretary of State.
2. Secretary of the Treasury.
3. Secretary of War.
4. Attorney-General.
5. Postmaster-General;
6. Secretary of the Navy.
7. Secretary of the Interior.
8. Secretary of Agriculture,
FRANCE.
Cabinet and Council of Ministers {continued).
Powers and Duties :
As a Cabinet, the Ministers represent the admin-
istration in the Chambers ; as a Council, they
exercise a general oversight of the administration
of the laws, with a view of giving unity of direc-
tion to the affairs of the State. The President
may be present at all Council meetings.
Members of the Cabinet :
Ministers of —
1. War. 6.
2. Foreign Affairs. 7.
3. Finance. 8.
4. Public Instruction and the 9.
Fine Arts. 10.
5. Justice and Public Worship. 1 1 .
Marine and the Colonies
Public Works.
Agriculture.
Commerce.
The Interior.
Posts and Telegraphs.
Council of State :
Gives advice on all projects of law which the Chambers,
or the Government wish to submit to it, and on adminis-
trative regulations and by-laws. Its decision is final in
all disputes arising in matters of administration.
Is presided over by the Minister of Justice, and is com-
posed of Councillors, Masters of Requests, and Auditors,
all appointed by the President of the Republic.
X3
ENGLAND.
Cabinet {continued).
Powers and Duties :
All real authority is with the Cabinet. The ex-
ecutive government is nominally in the Crown,
but practically in the Cabinet. The Ministers
are at the heads of the administrative depart-
ments. The Sovereign does not sit with the
Cabinet.
Members of the Cabinet:
"tvPrime Minister, and First Lord of the Treasury.^
2. Lord High Chancellor.
3. Lord President of the Council.
-4. Chancellor of the Exchequer.
5. Secretary of State for the Home Department.
6. Secretary of State for War.
7. Secretary of State for Foreign Affairs,
8. Secretary of State for Colonies.
9. Secretary of State for India.
10. First Lord of the Admiralty.
11. Lord Chancellor of Ireland.
12. Chief Secretary to the Lord Lieutenant of Ireland.
13. Chancellor of the Duchy of Lancaster.
14. President of the Board of Trade.
15. Lord Privy Seal.
16. President of the Local Government Board.
17. President of the Board of Agriculture.
_ ■ 1 This is the almost invariable arrangement. Lord Salisbury's com-
bination quite unusual.
GERMANY.
Imperial Chancellor {continued).
Powers and Duties :
Must give an account of the administration to
the Reichstag, and submits the annual budget.
He is the centre and source of all the adminis-
trative departments, dominating the entire impe-
rial service. He superintends the administration
of the laws of the Empire by the States. As
chairman of the Bundesrath he is simply a Prus-
sian representing the King of Prussia, as the
Emperor has no place in the Bundesrath.
The imperial authorities do not form a Ministry, or a
Cabinet, but act independently of each other under the
general supervision of the Imperial Chancellor, through a
central bureau. The army and navy, however, are not
directly controlled by him, but by the General Field-
Marshal.
14
UNITED STATES.
IV. Congress.
I . Senate.
Composition :
Composed of two Senators from each State (88
in 1 891), chosen by the State Legislatures for six
years, one-third retiring every two years.
Qualifications :
Must be at least thirty years of age, must have
been a citizen of the United States for nine years,
and must be an inhabitant of the State which he
represents.
Remuneration :
$5000, with mileage.
Organization :
The Vice-President of the United States is the
President of the Senate. Is elected by the Elec-
toral College. Votes only in case of a tie.
FRANCE.
IV. The Chambers.
I. Senate.
Composition :
Composed of 300 members ; chosen by the De-
partments and Colonies for nine years, one-third
of the members retiring every three years.
Until 1884 the Senate contained 75 life members: the
life list having been originally made up by election by the
National Assembly of 1875, and'vacancies being filled
by the Senate itself. In 1884 this arrangement was abol-
ished, and since that year vacancies in the life roll have
been filled by ordinary nine-year Senators.
Qualifications :
Must be a Frenchman, and at least forty years
of age.
Remuneration :
15,000 francs (;^300o).
Organization :
Chooses its own President, Vice-Presidents, and
other officers.
IS
ENGLAND.
IV. Parliament.
I. House of Lords.
Composition :
Composed of about 550 peers, who hold their
seats : —
a. By virtue of hereditary title ;
d. By creation of the Sovereign ;
c. By virtue of office (English bishops) ;
£f. By election for life (Irish peers) ;
e. By election for duration of Parliament (Scot-
tish peers).
Qualifications :
Must be at least twenty-one years of age.
Remuneration i
Receive no pay.
Organization :
The Lord Chancellor, who is a member of the
Cabinet, presides.
GERMANY.
IV. The Government.
I. BUNDESRATH, OR FEDERAL CotJNCIL.
Composition :
Composed of 58 members representing the indi-
vidual states. They are appointed by the gov-
ernments {i.e. the Executives) of the States for
each session.
The apportionments of representation in the
■ Bundesrath among the States of the Empire is
as follows : Prussia, seventeen members, Bavaria
six, Saxony and Wurttemberg four each, Baden
and Hesse each three, Mecklenburg-Schwerin
and Brunswick each two; the other States (17)
one apiece.
Remuneration :
Receive no pay.
Organization :
The Imperial Chancellor presides. Votes with
the other Prussian representatives, whose votes
must be undivided ; and, in case of a tie, Prus-
sia's vote decides.
i6
UNITED STATES.
Senate {continued^.
Committees :
Members are divided into standing committees,
chosen by the Senate itself, which act in the pre-
liminary examination, and shaping of measures
to be voted on.
Quorum :
A majority of members.
Powers and Duties :
In concurrence with the House of Representa-
tives, it makes the laws. It also has power to
confirm or reject all appointments to office by
the President of the United States, and all trea-
ties. The members constitute a high court for
the trial of impeachments.
FRANCE.
Senate {continued).
Committees :
Each month the members are divided by lots
into "Bureaux." These select all the special
committees to which bills are referred, except
when the House chooses itself to elect a com-
mittee.
Quorum :
A majority of members.
Powers and Duties :
In concurrence with the Chamber of Deputies,
makes the laws, and has in law-making the same
prerogatives as the Chamber, except that bills
relating to revenue originate with the Chamber.
It is a court of justice for trying the President of
the RepubUc and the Ministers.
I?
ENGLAND.
House of Lords {continued).
Committees :
Special committees are appointed to make inves-
tigations, and report on matters which could not
be undertaken by the whole House.
Quorum :
Three, including the Lord Chancellor.
Powers and Duties :
In concurrence with the House of Commons,
makes the laws, having a revising power over all
bills proposed hy the House of Commons, ex-
cept those relating to public revenue and expen-
diture, which it must pass or reject without amend-
ment. It is also the supreme court of appeal.
GERMANY.
BuNDESRATH {continued).
Committees :
There are three standing committees and eight
commissions, two of which are appointed by the
Emperor, five wholly by the Bundesrath, and one
in part by the Bundesrath, being made up princi-
pally of members ex officio.
Each commission consists of representatives of at least
five States of the Empire.
Quorum :
The Imperial Chancellor or his substitute (at
regular meeting).
Powers and Duties :
May originate bills to be sent to the Reichstag.
Its consent is indispensable to the validity of all
legislation. Members may speak on the floor of
the Reichstag. Acting under the direction of
the Imperial Chancellor, it is the supreme admin-
istrative board. It is in some cases the highest
court of the Empire. Is the court of appeal be-
tween two or more States of the Empire.
i8
UNITED STATES.
2. House of Representatives.
Composition :
Composed (in 1890) of 330 members elected
every second year for two years by the people
of the States in the proportion of one Represen-
tative for every 154,325 inhabitants. Each State,
however, is entitled to at least one member, what-
ever its population.
Qualifications :
Must be at least twenty-five years of age, must
have been seven years a citizen of the United
States, and must be an inhabitant of the State
from which he is chosen.
Remuneration :
$5000 and mileage.
Organization :
Elects its own presiding officer, who is called the
Speaker.
FRANCE.
2. Chamber of Deputies.
Composition :
Composed (in 1890) of 584 Deputies, distrib-
uted among the Departments and certain colo-
nies in the proportion of one Deputy to 70,000
inhabitants. The Deputies are chosen for a term
of four years by universal suffrage, the Arrondisse-
ments serving as electoral districts.
Qualifications :
Must be a citizen of France, and at least twenty-
five years of age.
Remuneration :
9000 francs ($1800).
Organization :
Elects its own President and Vice-Presidents.
'9
ENGLAND.
2. House of Commons.
Composition :
Composed (in 1890) of 670 members, elected
by secret ballot for a term of 00^ years.
As a matter of fact, Parliament lias always been dis-
solved before the expiration of immn years, thus necessi-
tating a new election. S~
Qualifications :
Must be at least twenty-one years of age. Cler-
gymen are disqualified from sitting as members,
also English and Scottish peers, government con-
tractors, and sheriffs and returning officers for
the localities for which they act.
Remuneration :
Receive no pay.
Organization :
Elects its own presiding officer, who is called the
Speaker.
GERMANY.
2. Reichstag, or Imperul Diet.
Composition :
Composed (in 1890) of 397 members, allotted
in the ratio of one member to every 100,000 in-
habitants, and elected for five years by universal
suffrage.
QuaUfications :
Must be at least twenty-five years of age, and
have lived at least one year in one of the Ger-
man States.
Remuneration :
Receive no pay.
Organization :
Elects its own presiding officer.
29
UNITED STATES.
House of Representatives {continued).
Committees :
Almost all the acts of the House are under the
control of Standing Committees, appointed by
the Speaker.
Quorum :
A majority of members.
Powers and Duties :
May originate and, in concurrence with the Sen-
ate, pass resolutions and bills. Bills relating to
the raising of revenue must be originated by the
House, but may be amended by the Senate.
Has sole power of impeachment.
FRANCE.
Chamber of Deputies {continued').
Committees :
Each month the members are divided by lot into
eleven " Bureaux," which select all the special
committees to which bills are referred, except
when the Chamber chooses to appoint a com-
mittee directly.
Quorum :
A majority of members.
Powers and Duties :
May originate and, in concurrence with the Sen-
ate, pass resolutions and bills ; but bills relating
to finance must be originated by the Chamber
of Deputies. Has power to bring accusations
against the President of the Republic and the
Ministers.
ai
ENGLAND.
House of Commons {continued^.
Committees :
The business of the House is almost entirely
under the direction of the Ministry; however,
commissions and select committees are from
time to time appointed to make investigations
and report on matters which could not be under-
taken by the House.
Quorum :
Forty members, including the Speaker.
Powers and Duties :
May originate and, , in concurrence with the
House of Lords, pass resolutions and bills ; but
bills relating to the imposition of taxes and the
granting of supplies for the service of the State
must be originated in the House of Commons.
GERMANY.
Reichstag (continued).
Committees :
There are no standing committees, but select
committees are occasionally appointed by elec-
tion from the seven " Sections " into which the
members are divided by lot for committee work.
Quorum :
A majority of members.
Powers and Duties :
Has power to originate and, with the advice and
consent of the Bundesrath, to enact the laws.
It also exerts a controlling influence through its
power to give or withhold its sanction to certain
ordinances to whose validity the Constitution
makes its concurrence necessary; through its
right to inquire into the conduct of affairs ; and
in many other ways not susceptible of enumera-
tion.
22
In preparing the foregoing pages, reference has been made among others to the following treatises : —
Amos, SheMon. Primer of the English Constitution and Government. Ed. 4. Lond. 1883.
Bagehot, Walter. English Constitution. N. Y. 1882.
Bryce, James. American Commonwealth. 2 vols. Lond. 1889. Vol. I.
Demombynes, G. Les Constitutions Europ^ennes. 2 vols. Paris, 1883.
Encyclopaedia Britannica. Ed. 9. Articles on United States, France, England, Germany, Parliament, Cabinet.
Heam, W. E. Government of England. Ed. 2. Lond. 1887.
H61ie, F. H. Les Constitutions de la France. Paris, 1880.
Lalor, J. J. Cyclopaedia of Political Science, Political Economy, and of the Political History of the United States.
3 vols. Chicago, 1883-4.
Labon, A., and Pelet, P. France as It Is. Lond. 1888.
Nicolson, A. Sketch of the German Constitution, and of Events in Germany from 1815-1871. Lond. 1875.
Morhan, C. De I'Empire AUemand, sa Constitution, et son Administration. Paris, 1886.
Palgrave, Reginald F. D. House of Commons. Lond. 1869.
Statesman's Year-Book. Lond. 1890.
Todd, Alpheus. Parliamentary Government in England. New ed. Lond. and N. Y. 1888-9.
Towle, N. C. History and Analysis of the Constitution of United States. Ed. 3. Bost. 1871.
Wilson, Woodrow. The State. Bost. i88g.
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