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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 mea ....

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