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Power to make the laws and a provision that is at issue. I think its important to come want to get to the language of the smiley which my friend embraces i would like it to because as i read those two cases that dont help you very much. I mean hildebrant stock about a particular statute was passed in 1911. It helps the government with its statutory argument because at different statute isnt similar words but we dont know if it was with the same intent. Smiley talks about a sitting legislature and asks whether its exercise of the map drawing power as a legislative exercise or say, more like an impeachment exercise. It doesnt talk about what is at issue here where you people outside that building making a legislative decision. So i didnt see those two cases as helping you that much though please argue to the contrary. But i think the great open question here is what happens when legislative power, over time, expands from a group of people sitting in the state capital to those people plus

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