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Legislative power that is addressed in article section 1 from the election of senators in article 1 section 3. And again in smiley that made clear that the meaning, as this court reiterated just last week in yates, that the meaning of a term in an enactment may differ depending on the function that the term is serving. Now youre going to the statute. But just under the constitution youre saying the legislature in the first article of section 3, the now repealed section that talks about choosing senators means Something Different than it means in the following section. As this court explained in smith versus hawk, which was an article 5 question of the meaning of the word legislature for purposes of ratification. In smith versus hawk, this court said that in the article 1 section 3 election of senators by the legislature and in article 5 the ratification power, what was at issue was a power that is the power to elect and the power to ratify that specifically comported with the elected r

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