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1823. June 11
Constitut. CodeIII
Ch. 5. Legislative
§. 2. Functions
[Omnicompetence] []
Division of power
Ch. 5. Legislative
§. 2. Functions
1.
For modes of division
possible and actually
exemplified, see II
Expository part.
2.
So numerous and
complicated the possible and
even the actual modes
of division, see first for
exemplification U.S. &
England.
3.
More simple, thence
more easily examined,
the case, had the government
been originally
simple, in contradistinction
to Federative.
But things must be
taken as they are.
4.
In U.S. legislative is
in two bodies —
1. Representatives.
2. Senate.
5.
Source of complication here
1. To the Senate is moreover
given a share in
the Executive: hence, a
turbid complication.
On the present occasion,
the consideration of the
share it has in the
Executive, must be
postponed.
6.
2. Mode of location of
Senate is not immediate,
as in case of Representative
House, but unimmediate, viz.
Electoral body interposed
between constitutive and
this branch of the
Legislative one: Locators of
the Senate, the immediate
Locatees of the Constitutive.
For the present, set
aside this cause of
complication.
---page break---
7.
3. Continuance in office
not the same as of
Representatives, but thrice
the length.
Set this likewise aside.
8.
Diversity in respect
of competence. Set
this aside, suppose both
equicompetent and
omnicompetent.
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