of supremacy; the
attributes of sovereign authority in every form of government, be it
despotism, limited monarchy, or republic; the only difference is that in
a system of government under one supreme head, they are vested in that
head alone, in a federal government, as in America or Switzerland, they
reside in the composite body forming the federal supreme authority.
Various subsidiary powers necessarily attend the above supreme powers;
for example, the power of maintaining armies and navies, of commanding
the militia, and other incidental powers. Closely connected with the
power of making peace and war is the power of regulating commerce with
foreign nations. Next in importance to the reservations necessary to
constitute the Empire a Unity with regard to foreign nations, are the
powers required to prevent disputes and to facilitate intercourse
between the various parts of the Empire. These are the coinage of money
and other regulations relating to currency, to copyright or other
exclusive rights to the use or profit of any works or inventions. The
above subjects must be altogether excluded from the powers of the
subordinate legislature; it ceases to be subordinate as soon as it is
invested with these Imperial, or quasi-Imperial, powers.
Assuming, however, the division between Imperial and local powers to be
accurately determined, how is the subordinate legislative body to be
kept within its due limits? The answer is very plain,--an Imperial court
must be established to decide in the last resort whether the subordinate
legislature has or has not infringed Imperial rights. Such a court has
been in action in the United States of America ever since their union,
and no serious conflict has arisen in carrying its decisions into
effect, and the Privy Council, acting as the Supreme Court in respect to
Colonial appeals, has been accepted by all the self-governing colonies
as a just and impartial expositor of the meaning of their several
constitutions.
Next in importance to the right division of Imperial and local powers is
a correct understanding of the relation borne by the executive of an
autonomous country to the mother country. In every part of the British
Empire which enjoys home rule the legislature consists of the Queen and
the two local legislative bodies. The administrative power resides in
the Queen alone. The Queen has the appointment of all the officers of
the government; money bills can be introduced into the
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