JB/044/102/001

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1829. Nov. 16. T 28
Constitutional Code
Appendix
Features discarded.
U.S.
Senate is
Legislative & Administrative.

6.4. But now comes certain heterogeneous powers —
not in themselves belonging to the Two Houses system, but attached
to it, in this particular instance.

1. The first is the fraction of legislative power given
to this branch of theis legislature and this alone to be
exercised in conjunction with the Chief of the Executive;
to wit, the President. This is the making of Treaties
with foreign powers: always provided that the
treaty have the concurrence of two thirds of the
number: of which afterwards. (a)

This power is, in effect, legislative power: the
supreme legislative in so far as applied to the particular
subject matter — to the particular branch of the field of
legislation.

Boundless is the extent to which internal legislation
may be in this exercise of power represented as operating only something
ad extra distinct from legislation, and not amounting to legislation, be
involved: and to this boundless extent is legislation
ordained to be carried on by the one half only of the legislature
out of two with the addition of with a functionary who
if not completely subject to the dominion of the
Legislature is placed in a situation adverse to it with an
interest adverse to that of the universal interest,
and power to give effect to it.

Not so had this if while acting in the exercise of the
said power the responsibility of it rested undivided upon
the Executive Chief. But no: it is shared with him by
this body of with its by this intricate combination of anomalous powers:
in so much that out of the whole number of 40 he can
in the course of their long protracted term of service reign come to a
good understanding with 28, being two thirds, for
which it will be seen to be afford ample means whatsoever
course they may find or deem find is their joint interest to take, no
dislocation, or no punishment in any shape, can attach to him or
any of them.

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(a) Article II. §. 2. "He" (the President) "shall have
power, by and with the advice and consent of the Senate
to make treaties, provided two thirds of the Senators
present concur."

Identifier: | JB/044/102/001 "JB/" can not be assigned to a declared number type with value 44.
Date_1	1829-11-16	Marginal Summary Numbering
Box	044	Main Headings	constitutional code
Folio number	102	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f28
Penner		Watermarks
Marginals		Paper Producer
Corrections	richard doane	Paper Produced in Year
Notes public		ID Number	13887
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