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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10820   View pdf image (33K)
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10,820

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gentlemen, GP-11 deals with separation of powers.

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At the pres'etot time, the constitutions of no

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less than 40 states contain the separation of powers

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requirement in one form or another. The only states

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which do not have such provision in their constitutions

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are Alaska, DelawaYe, Hawaii, Kansas, New York, North

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Dakota, Ohio, Pennsylvania, Washington, and Wisconsin.

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A few states include this provision in their Bill of

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Rights, and this occurred primarily in the constitutions

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of the older states along the eastern coast -- Georgia,

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Maryland, Massachusetts, New Hampshire and North Carolina.

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In nearly all of the other states, the clause

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is separately identified under the head of "Distribution

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of Powers". Its special importance is recognized by setting

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it forth as one of the first articles of the constitution

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preceding the articles which outline the establishment

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of the judicial, legislative and executive branches.

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Cases decided by the Court of Appeals under

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the separation of power doctrine, as set forth in Article 8

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of our present constitution, illustrate that the inclusion

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of this article in the constitution has presented a useful

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10820   View pdf image (33K)
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