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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 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.
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