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[xxxiv. 9]
1822 April 26
Constitut Code Economy etc
Art. 1. The supreme operative power is in the hands the Delegates (a) of the People.
(a) Why not Representatives
Art. 2. The supreme constitutive power with relation to the supreme operative power is
in the hands of the Citizens /Electors/ of the State electing
their Delegates in │ │ Election or
Delegation Districts
Art. 3. The supreme operative power is composed of the supreme legislative power, and
the supreme Executive power. The supreme Executive power is composed of the supreme
Administrative power, and the supreme Judicial power.
Art. 4. The supreme Administrative power is subordinate to
the supreme Legislative power: subordinate namely 1. by dislocability 2. by punibility
as applied to persons - by 1. suspensibility, 2. cessability as applied to official
acts.
Art. 5. The supreme Judicial power is subordinate to the supreme Legislative power:
namely in the same modes as the supreme Administrative
Art. 6 The Supreme Operative power is composed of two branches: the Legislative and the
Executive
Art. 7 The supreme legislative power in cases of a general complection is in the hands
of the Delegates of the People delegated one from each of ( ) Election or Delegation
Districts.
Art. 8 So also in cases of an individual complection
Art. 9 The possessor of the supreme Executive power under the Legislative is the Chief
of the State. His Title is President of the State or of the United States /Union/ as the
case may be
Art. 10 Next In subordination to the President come the Heads of the several
departments following
1. Minister of Finance
2. Internal /Home/ affairs Minister for [...?] Service
3. Army Minister: under him Commander /General/ in Chief
4. Navy Minister: under him Admiral in chief
5. War
Art. 11 The Executive power is composed of two branches - the Administrative and the
Judicial
Supreme Executive or /his title/ Supreme Director
His power causing execution and effect to be given to all acts of Supreme Operative or
say Legislative
Placed /Located/ by people, voting as for Members of the supreme Operative
Dislocable by Supreme Operative: they giving reasons
Thence subordinate to do so in all other /the/ modes of subordination
Time of continuance in office - 4 Years Quere?
Salary such as not to render the comforts of the opulent an object of
concupiscence.
Finance Minister located and dislocable by the Supreme Director
The subjects on which the legislative power mostly exercises itself are aggregates
namely, things or persons or both, collectively considered and as well such as are not
as such as are. But its authority is alike applicable to things and persons individually
considered
Taken in the aggregate The function of the supreme executive power consists principally
in applying to individual things and persons the general provisions made by the supreme
legislative power: that is to say in such sort as to give to its acts the intention and
effect intended by them.
Art. 1. By the supreme constitutive power is meant the power of locating those by whom
the supreme operative power shall be exercised.
Art. 2. The supreme Constitutive power is in the hands of all persons inhabitants of
any part of the territory /Citizens/ of the State, and able to read the Constitutional
Code Females and non-adult males excepted and persons in a state of open hostility to
the State excepted. For the evidence /proof/ of such ability See Art. ( )
A Citizen is
1 every person born within the territory of the State.
2. Every person whose name has for │ │ months or more been resident within the
territory of the State. For the proof of such residence see Art. ( )
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Title: [1823 Feb. 19 Greece Beginning]Description: 1823 Feb. 19 Greece Beginning At the first step we had an operative power acting in subordination and in the strictest possible subordination, for such it was necessary it should be or the end in view could not be accomplished © in the strictest possible subordination to the constitutive power. At the second step as above we have now a detached hand or set of hands to which by the operative power a portion of its functions is committed: on the part /conduct/ of which delegate or delegates of the second order the strictest subordination as towards the will of its immediate principal and thereby towards the will of the original principal is for the like reason indispensable. The portion of power thus detached from the operative power call it the Executive. But while by the operative power a certain portion of its functions is thus detached and committed to a delegate or set of delegates of its own appointment, at the same time whatsoever is not thus detached from it is of course reserved by it reserved to be exercised by itself The portion of operative thus detached being termed the Executive power call the portion thus reserved the Legislative power. Here then we have the division of the whole mass of operative power in the community into two portions: in the supreme Operative power, ordinarily in use to be designated by the denomination /appellation/ of legislative power or supreme legislative power; and the Executive power. As the /this/ supreme legislative power though with reference to any other power in the state supreme is with reference to the Constitutive power no other than subordinate, so the power just now termed Executive howsoever supreme with reference to any power which there may be occasion to detach from it is with reference to the power stiled supreme legislative in a state of correspondent subordination: at any rate it ought to be, that is to say /namely/ for the same reasons.
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Title: [[xxxviii. 176] 1822 June 18 Consult]Description: [xxxviii. 176] 1822 June 18 Consult 1823 June 30 Economy etc Ch Expository Matter 4 Powers of Government 1. Powers of Government are I. in functions 1. Operative what 2. Constitutive what. 2. II in rank. 1. Supreme, or 2. Subordinate 3. 1. In function again Supreme operative 1. Supreme Legislative. 2. Supreme Executive. 4. Supreme Legislative what? By its laws and ordinances in pursuit of its end imposes and takes off obligations on all persons, in relation to all persons and all things, places, and eventually all times, obligations not annullable or variable by other power in the state. 5. Supreme Executive, in so far as needful, is exercised in giving execution and effect to all Laws and ordinances of the Supreme Legislative. 6. In function again Supreme Executive, is 1. Supreme Administrative. 2. Supreme Judicial. 7. Supreme administrative what - Applies to their destined uses such things and personal services as in pursuance of the above end, are placed at its special disposal for the service of the state at large by the Legislative power. 8. Supreme Administrative power - its Departments I │ │ necessary 1. Interior Affairs. 2. Land Force. 3. Foreign Affairs. 4. Finance. II Contingently necessary 5. Naval force. 6. Distant dependencies. 9. Supreme Judicial power, what - Causes to be applied to all persons and things, Supreme Legislative Rules and ordinances; viz. by causing execution and effect to be given to Supreme Legislative's Laws and Ordinances as above, in case of │ │ manifested or apprehended: commonly at the suit of some party, regarding himself as prejudiced by such │ │ 10. Legislative power - its exercise ordinary and extraordinary - 1. Ordinary, on persons at large. 2. Extraordinary, on Supreme Executive functionaries, Administrative or Judicial, in case of alledged failure of alledged duty on their part: viz. by dislocation, and if need be punition. 14 Apr. 1823 Superseded this by Constitut Code Ch. 1
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Title: [1822 June 16 Economy etc The]Description: 1822 June 16 Economy etc The case in which alone it has place is that in which by delegates of theirs in quality of /the character of their/ representatives having in the right as representatives of the people a share in the supreme operative power they in this way exercise with relation to that mass of supreme operative power, the correspondent constitutive power. These possessors of supreme operative power may be either sole possessors of it or sharers in it in conjunction with some other functionary or functionaries. In the case of an ordinary mixt Monarchy supposing that in so far as in the mixture Democracy is included one person /a functionary/ with whom they share it is the Monarch In no form of government ? to this bad purpose any more than to any good one can profit in any shape be conveyed for a continuance into individual hands otherwise than through the intervention of an /a Supreme/ Executive, doing or professing to do the will of the Supreme Legislators. When in the highest sphere of government, for the purpose of the sinister sacrifice, the game of corruption is carried on, it is by the hands of the Chief of the Executive Department. In a Monarchy he is the Monarch /Chief of the State to whom this subordinate Office also belongs in addition to whatsoever share it happens to him to possess in the supreme operative, commonly stiled the legislative./ in a representative democracy he is also the Chief of the State by whatsoever appellative distinguished whether it be /such as/ President, Supreme Director, Protector or any other In either of these cases there exists a functionary, by who to this purpose without his being recognized, not the less effectually is exercised a function which may be termed that of Corrupter General. For in him /his hands, as will be seen/ from the very necessity of the case is /must be/ the disposal of a multitude of offices: in a greater or less degree these offices can not but be in the eyes of the members of the community be in an indefinite multitude, objects of general desire. Here then we have a functionary acting /operating/ whether he will or no in the character of Corrupter General: and on the other part persons in indefinite number functionaries of all sorts included occupying the situation of persons exposed to corruption, exposed to the being his corruptees. ? Note making a salvo in the case of a minute /small/ Democracy.
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