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Reply #15: You are missing two words: "Herein granted": [View All]

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Hosnon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-08-06 07:19 PM
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15. You are missing two words: "Herein granted":
Each article begins with the phrase: The Legislative/Executive/Judicial powers shall vest in X.

However, only the legislative branch says: The legislative powers HEREIN GRANTED shall vest in X.

There is a split as to how much importance should be placed on those two words. I am of the mind that the Framers were educated and very legally adept and knew that two little words could change a lot.

Basically, the argument goes that the idea of Legislative Authority is limited in the Legislative branch by those two words. Since they do not exist pertaining to the Executive or the Judiciary, those branches are vested with the entirety of the relative ideas at the time.

THAT is where the argument comes from that there are extra-constitutional powers that the President is endowed with.

Sounds crazy but I have a hard time believing that the Framers would have overlooked something with such major ramifications.
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