JB/044/064/002

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1823. May
Constitut. CodeIII Rationale
Ch. Legislative
2. Double legislative System

In the dark and without any adequately clear and
comprehensive view of the field which was taken for the subject of it
has such demarcation always all along been performed.

In proof For illustration and proof of this position observation two examples
taken from the United States Constitution of 10 1787 may suffice.

By Turn to Article 1. section X. By a one clause in this
Section 1. "No State" (says Art. 1. §. IX. clause 1) "shall..
"pass any ... law impairing the obligation of contracts"
Blindfold was the operation performed, by which the sort
of law thus described was placed on the prohibited side of
the law. Every contract, of which has for its object the
production of evil in any shape is a contract: and no shape as to evil in
of all the shapes in which evil it is capable of having
place, there is not one, which is not capable of becoming
the subject of a contract, engaging for the commissi production
of the evil it uses whether in the effects of the Contract in question good or evil
is most likely to predominate is in many cases a
question of great , in the solution of which the best calculations
would find no small difficulty.

2 "No State" (says that same Article in that same Section
and moreover even in that same clause) "shall .... pass any
.... ex post facto law." What no State? Not the legislature
of any State? this why the power of thus acting is it thus to such a
degree a dangerous one? then what do you think of yourselves,
you ye who State allow this same power to every
Judge, giving the people up to be governed by laws made
for them by English Judges: without a thought bestowed upon their welfare? by
English Judges. Deny it who Whatit is plain the draughtsmen were little
aware of is, that the whole texture of the Common Law is a lesson
of ex post facto laws: laws of which the inaptitude will
hardly be thought to be lessened by the circumstances of their
having been made by the sole authority of few men, or of
one man located named for the purpose by the King of England.

Identifier: | JB/044/064/002"JB/" can not be assigned to a declared number type with value 44.
Date_1	1823-05-28	Marginal Summary Numbering	15-18
Box	044	Main Headings	constitutional code
Folio number	064	Info in main headings field	constitut. code us
Image	002	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c6 or c5 / f51
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13849
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