allemand (Paris, 1903-1906). Two
excellent brief German treatises are: P. Laband,
Deutsches Reichsstaatsrecht (3d ed., Tuebingen,
1907), and Hue de Grais, Handbuch der Verfassung
und Verwaltung in Preussen und dem deutschen Reiche
(18th ed., Berlin, 1907). The most recent work upon
the subject is F. Fleiner, Institutionen des
deutschen Verwaltungsrechts (Tuebingen, 1911). A
suggestive monograph is J. du Buy, Two Aspects of
the German Constitution (New Haven, 1894).]

IV. THE EMPIRE AND THE STATES (p. 205)

*214. Sovereignty and the Division of Powers.*--The Germans are not
themselves altogether agreed concerning the nature and precise
location of sovereignty within the Empire, but it is reasonably clear
that sovereignty, in the ultimate meaning of that much misused term,
is vested in the government of the Empire, and not in that of any
state. The embodiment of that sovereignty, as will appear
subsequently, is not the national parliament, nor yet the Emperor, but
the Bundesrath, which represents the "totality" of the affiliated
governments.[287] As in the United States, Switzerland, and federal
nations generally, there is a division of powers of government between
the central governmental establishment and the states. The powers of
the Imperial government, it is important to observe, are specifically
enumerated; those of the states are residual. It is within the
competence of the Imperial government to bring about an enlargement of
the powers that have been confided to it; but until it does so in any
particular direction the power of the state governments in that
direction is unlimited. On the one hand, there is a considerable field
of legislative activity--in respect to citizenship, tariffs, weights,
measures, coinage, patents, military and naval establishment of the
Empire, etc.--in which the Empire, by virtue of constitutional
stipulation, possesses exclusive power to act.[288] On the other,
there is a no less extensive domain reserved entirely to the
states--the determination of their own forms of government, of laws of
succession, of relations of church and state, of questions pertaining
to their internal administration; the framing of their own budgets,
police regulations, highway laws and laws relating to