date

1821 Novr 29 Codification Proposal
1821 Novr 29

Codification Proposal

'.8. Foreigner best

If by the exercise of this initiative function power called the initiative power

were exercised, and person exercising it were a foreigner, not only on this

supposition would power be exercised by this /such/ foreigner, but a power

greater than any which the supreme ruler or rulers of the state could exercise:

the share thus exercised by him would be greater than the whole remainder left

to them /respectively to him/: conceive any mass /body/ of discourse capable of

being proposed in the character of a body of law: by the possessors of the

consummative power it could not be prevented from becoming law till after

discussion whereas by the possessor supposing here such possessor of this

initiative power it could without any discussion be prevented from becoming law:

it could be prevented from being discussed: by mere inaction, and without any

exertion on his part he could prevent any thin that he pleased to prevent from

becoming law.
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  • Title: [[113-023v] 1821 Nov r 29 Codification]
    Description: [113-023v]

    1821 Nov r 29

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    '.8. Foreigner best

    If by the exercise of this initiative function power called the initiative power were exercised, and person exercising it were a foreigner, not only on this supposition would power be exercised by this /such/ foreigner, but a power greater than any which the supreme ruler or rulers of the state could exercise: the share thus exercised by him would be greater than the whole remainder left to them /respectively to him/: conceive any mass /body/ of discourse capable of being proposed in the character of a body of law: by the possessors of the consummative power it could not be prevented from becoming law till after discussion whereas by the possessor supposing here such possessor of this initiative power it could without any discussion be prevented from becoming law: it could be prevented from being discussed: by mere inaction, and without any exertion on his part he could prevent any thin that he pleased to prevent from becoming law.
  • Title: [1821 Novr 29 Codification Proposal]
    Description: 1821 Novr 29

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    '.8. Foreigner best

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  • Title: [1824. August 25. Constitutional Code]
    Description: 1824. August 25.

    Constitutional Code

    Ch.XII. Judiciary Collectively

    Superseded by another copy.

    Three objections may here be liable to present themselves.

    1. "In this way, the legislative and judicial powers "are confounded: united in one and the same set of "hands; and, of the Legislative power itself, the two elementary "powers, the initiative and the consummative.

    2. "The legislative power, thus given to the "members of the judiciary, extends over the whole field "of legislation: no limits are or can be set to it."

    3. "By the eventually-emendative and sistitive functions "together, the preinterpretive is rendered useless."

    In all these instances, an apparent, in no one of them anyreal, incongruity will be found.

    1. As to the initiative function here given to judges, it is no other than that which is given, not only to those same functionaries, but to every inhabitant of the state, and every inhabitant of the state: given, and without any the smallest risk or inconvenience: for, with the exercise, given to the power by the making of the proposal, the power ceases: no further power has the man, whoever he be, for the support of it. In the case of the judge, true it is that the mere inaction of the Legislature suffices for giving to his proposal the effect of law: in appropriate language, for adding to his initiation, the consummative. But neither can the judge, and more than any foreigner, contribute any thing to the adoption of what he has thus proposed: and besides the two judiciary authorities superordinate to his own, any two members when the proposal comes before the Legislature, which is what it can not fail to do — any two members, each at the expence of no more than a few words suffice for defeating the proposal altogether.