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Superseded by another copy.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.