(which that State could not constitutionally prevent), become one of its own citizens. As regards both federal and State citizenship the Fourteenth Amendment declared in absolute terms that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside."

Though thus placed upon a subordinate plane, the effect of this amendment was not in any way to destroy or to merge State citizenship in the national citizenship. To each citizenship are still attached distinctive and important appurtenant rights, the enumeration or specific description of which would, however, carry us too far into the special constitutional jurisprudence of the United States.

Under the German Imperial Constitution prior to 1918 every citizen of a constituent State was, ipso facto, a citizen of the Empire, but there could also be an imperial citizenship without state citizenship, as for example, of one living in a German colony (Schutzgebiete) or accepting an Imperial office.25 The constitution of the recently established German Republic gives to the National Government exclusive jurisdiction to determine all matters of citizenship (Article 6) and declares (Article 110) that citizenship in the Republic and in the States shall be acquired or lost in accordance with the provisions of national laws passed in pursuance of this national authority. It is, however, specifically declared that every citizen of a State shall be at the same time a citizen of the Republic.

In the constitution of the Swiss Republic it is declared that "every citizen of a canton is a Swiss citizen."

Territories and Dependencies of a Federal State. There is nothing in the nature and form of a federally organized

State to make impossible the extension of its sovereignty over areas which are not included within the limits of the member States. Thus, since the beginnings of its existence, the United States has possessed what are called "Territories" which are not States, which occupy a different constitutional status, and have only such autonomous powers and rights of self government as Congress sees fit to grant to them. Some of these areas, known as “Unorganized Territories," have had almost no self-government, while to others, known as "Organized Territories," Congress has given complete governmental structures, including locally elected legislatures. The governors and judges of these organized Territories have, however, been appointed by the President of the United States and the acts of the legislatures have been subject to annulment by Congress,-a right which Congress has, however, very seldom exercised. Since the SpanishAmerican War the United States has possessed the Philippine and Hawaiian Islands, Porto Rico and other less important islands, which are termed Insular Dependencies but which are, in all but name, colonies pure and simple. In a number of decisions defining the constitutional status of these islands the federal Supreme Court has introduced what is practically a new classification of Territories, dividing them into two groups according to whether or not they have been "incorporated" into the United States. By these decisions it is held that certain constitutional guarantees do not apply to those Territories which have not been "incorporated" but do apply to those which have been accorded this status. Thus, for example, the constitutional provision that all indirect taxes shall be "uniform throughout the United States," has been held not necessarily applicable to "unincorporated" areas. It lies within the discretion of Congress to determine when incorporation shall take place; but,

whether incorporated or not, the form of government which a Territory is to enjoy is a matter with regard to which Congress can act as it sees fit.

Constitutional provision is made for the admission of new States into the American Union and thirty-five have been admitted, all of them, with the exception of Texas, being created out of areas previously under the sovereignty of the United States. Texas seceded from Mexico, its independence was recognized by the United States, and it was then admitted to the Union as a State without passing through the Territorial status.

The German Empire, from 1871 to 1919, possessed the Imperial Territories of Alsace and Lorraine. These two provinces, taken from France were, step by step, accorded greater rights of self-government, and a higher constitutional status until, shortly before the outbreak of the Great War, they enjoyed most of the rights possessed by the States of the Empire. In the Dominion of Canada. and in the Commonwealth of Australia considerable areas exist which are not accorded the full rights of federal membership. To New Zealand and Australia have been given by the League of Nations "mandates" over certain of the South Pacific islands formerly belonging to Germany.

Equality of States. It is not essential to the federal form of government that the member States should all stand in exactly the same relation to the federal government as regards their respective autonomous powers or of their citizens to participate in the control and management of the general government.

In the United States, however, the doctrine of State equality prevails. It is true that different States have a different voting power in the election of the President and Vice-President, and send different quotas of representatives to the lower house of Congress. But these

differences arise out of differences of population and are determined by a rule which is uniform in its application to all of the States, so that, even here, it cannot be said that the States are constitutionally unequal.

In Canada the Provinces, and in Australia the States, have equal constitutional rights, and the same is substantially true in Switzerland, where, however, certain of the cantons are known as "half-cantons," which send only one member to the Council of States, whereas the other cantons send two, and have but half a vote when constitutional amendments are being passed upon.

In the old German Empire, however, there were substantial differences in constitutional powers of the different States. These are too numerous to enumerate but, as illustrations of them it may be mentioned that Prussia's King was ex officio the German Emperor, and that to Bavaria, Würtemburg and Baden special rights were accorded with reference to the control of the posts and telegraphs and taxes upon brandy and beer.

Residual Powers. In the United States the federal government possesses only those powers specifically given to it by the constitution and such as are "necessary and proper" for the carrying into effect of these specifically granted powers. The State governments, are thus the residual claimants to all powers not granted to the federal government or specifically denied to them by the National Constitution. In the Canadian Federation a greater attempt is made to enumerate just what powers shall be possessed by the Provinces as well as by the Dominion Government, but, from the nature of the case, such enumeration could not be exhaustive and, though the language of the British North American Act of 1867 which serves as the Canadian Constitution is not very plain, it has been established by judicial interpretation that the residual or unenumerated powers belong to the Central

Government. In the Australian Commonwealth, in Switzerland, and in Germany the General Government possesses only those powers specifically, or by necessary implication, granted to it. The fact, however, that in Switzerland and Germany the constitutionality of a federal statute may not be questioned in the courts, makes it, of course, possible for the federal legislature to construe its own powers as liberally as it may please.

Federal Supervision of the States. In all federally organized states the general government is given certain rights of supervision over the States in order to see that they faithfully execute their constitutional duties. This supervision extends not only to seeing that the national supremacy is maintained and the free and efficient exercise of its powers in no way interfered with, but to making it certain that the member States do not violate certain personal and property rights which are specially recognized and guaranteed in the Federal Constitution. It may, however, be remarked that in the United States, until the adoption in 1868 of the Fourteenth Amendment to the Federal Constitution, this federal guarantee of protection to the individual against oppressive action upon the part of his own individual State extended only to a few specific matters such as the impairment of the obligation of contracts and protection against penal laws of an ex post facto character. Since the adoption of the Fourteenth Amendment, however, the private rights of the individual have to a considerable extent been brought under the protecting power of the National Government by the operation of the provision of that Amendment that no State "shall deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." The requirement of "due process of law" has been given a very broad construction so that it includes not only