[Footnote 626: Arts. 72-79. Dodd, Modern
Constitutions, II., 277-278.]

*472. The Council of the States: Composition and
Status.*--Superficially, the Swiss Council of the States resembles the
American Senate, and it is commonly understood that the framers of the
constitution of 1848 created the institution not merely by reason of
an inevitable tendency to perpetuate in some measure the purely
federal features of the old Diet, but also in consequence of a
deliberate purpose to set up a legislative body which should fulfill
essentially those complementary and restraining functions which in the
United States were assigned to the upper chamber. In point of fact,
however, the Swiss Council has little in common with its American
counterpart. It consists of forty-four members, two chosen within each
canton; and to this extent it indeed resembles the Senate. The manner
of election and the qualifications of members, however, as well as
tenure of office and the arrangements made for remuneration, are not
regulated, as are similar matters in the United States, by the (p. 428)
constitution, or by federal authority, but, on the contrary, are left
entirely to be determined by the individual cantons. The consequence
is a total lack of uniformity in these highly important matters. In
some cantons members are elected by popular vote; in others, by the
legislative assembly. In some they are chosen for one year; in others,
for two; in still others, for three. The consequence is that the
Council is commonly lacking in compactness and morale. More serious
still is the fact that the functions of the upper chamber are in all
respects identical with those of the lower. The American Senate has
power and character of its own, quite apart from that of the House of
Representatives; the Swiss Council has nothing of the kind. Its
organization, even, is an almost exact replica of that of the lower
chamber.[627] In the earlier days of the present constitutional system
the Council enjoyed high prestige and influence; but by reason of the
conditions that have been described the body in time fell into
decline. Able and ambitious statesmen have preferred usually to be
identified with the lower house. The upper chamber possesses large
powers--powers nominally co-ordinate with those of the lower one--and
it has acted not infrequently with sufficient independence to defeat
measures advocated by the National Council. But, without