Constitutional history -- United States -- Sources; Constitutional law -- United States
The examples of ancient confederacies, cited in my last paper, have not
exhausted the source of experimental instruction on this subject. There
are existing institutions, founded on a similar principle, which merit
particular consideration. The first which presents itself is the
Germanic body.
In the early ages of Christianity, Germany was occupied by seven
distinct nations, who had no common chief. The Franks, one of the
number, having conquered the Gauls, established the kingdom which has
taken its name from them. In the ninth century Charlemagne, its warlike
monarch, carried his victorious arms in every direction; and Germany
became a part of his vast dominions. On the dismemberment, which took
place under his sons, this part was erected into a separate and
independent empire. Charlemagne and his immediate descendants possessed
the reality, as well as the ensigns and dignity of imperial power. But
the principal vassals, whose fiefs had become hereditary, and who
composed the national diets which Charlemagne had not abolished,
gradually threw off the yoke and advanced to sovereign jurisdiction and
independence. The force of imperial sovereignty was insufficient to
restrain such powerful dependants; or to preserve the unity and
tranquillity of the empire. The most furious private wars, accompanied
with every species of calamity, were carried on between the different
princes and states. The imperial authority, unable to maintain the
public order, declined by degrees till it was almost extinct in the
anarchy, which agitated the long interval between the death of the last
emperor of the Suabian, and the accession of the first emperor of the
Austrian lines. In the eleventh century the emperors enjoyed full
sovereignty: In the fifteenth they had little more than the symbols and
decorations of power.
Out of this feudal system, which has itself many of the important
features of a confederacy, has grown the federal system which
constitutes the Germanic empire. Its powers are vested in a diet
representing the component members of the confederacy; in the emperor,
who is the executive magistrate, with a negative on the decrees of the
diet; and in the imperial chamber and the aulic council, two judiciary
tribunals having supreme jurisdiction in controversies which concern
the empire, or which happen among its members.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account