Our State Constitutions (Classic Reprint) - Hardcover

Inhaltsangabe

Excerpt from Our State Constitutions

A comparison of these sets shows that the starting point for the study of state constitutions is the article on the lawmaking department. This powerful body in revolutionary days completely overshadowed the other two departments, and was practically the repository of the sovereign powers of the state. Though the theory of the separation of powers was held, all really important powers were in fact entrusted to the legislature. This is by no means the present condition. Not only have the other two depart ments been built up and strengthened at the expense of the assem bly, but three other departments of government have developed into importance, and should be considered in any discussion of the division of sovereign powers. If the government is that organiza tion through which all the sovereign powers of the state may be expressed, then surely in modern times we should speak not merely of the three historic departments of government, viz., the execu tive, the judicial, and the legislative, but also of the differentia tions from these, the administration, the electorate, and that nameless agency, which in every state has the legal right to formu late the fundamental law, an agency which, for want of a better name, may be called the Legal Sovereign. These six departments unitedly may exercise every conceivable power included within the term sovereignty.

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