Only framer who we know of who took complete notes that summer. The book, the notes werent written in their entirety that summer. But madison is the most important account of that summer. Brian where did you get this idea . Mary i wrote a narrative, a story of what it has been like from his perspective and as i investigate the notes and read them, i realize there were a lot of mysteries and things werent quite as i expected them to be and as i spent a lot of time with the notes and wonderful access at the library of congress and it became evident it wasnt what we thought it was. Brian where are the notes at the library of congress . They are in a big vault at the library of congress and you need special permission. Most people dont need to go that far and you can see it on the website and the library has a wonderful website. Or this weather. Com, it was for this website, it was important to look at the notes. I could go down and see it. I kept my hand behind my back the entire time and
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 But just under the constitution youre saying the legislature in the first article of section 3, the now repealed section that talks about choosing senators means Something Different than it means in the following section.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
Very clear in smiley and in hillenbrand that were defining legislature in this clause as meaning legislative process. With all due respect i disagree. This court heard the argument in the briefs in smiley, and one side was saying just that. One side was saying Legislature Just means the legislative process in the state, whatever that is. The other side said no, it means the representative body of the people. And this court said, well, actually we dont have to decide that dispute but we certainly agreed that it means the representative body of the people just as we said five years earlier in the hawk case. So what the court says is first the delegee is clearly the legislature. The representative body of the people. But that brings you then to the second question, which is what kind of authority is delegated to the state legislatures . And the authority thats granted under the elections clause is a lawmaking authority so, that means that the state legislature has tone gauge in lawmaking