10,835

1

this veritable fourth branch of government by invoking the

2

separation of powers theory or using the non-delegation

5

doctrine or requiring a full and complete de novo judicial

4

determination. These efforts had no more success than

5

had the plaintiff in the case of King Kanute v. D. C.

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I will only say this. The court went on to say:

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"The early fears of the bar and bench have largely

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disappeared with experience." Yet, in this same case

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one of the five judges in the court of appeals hearing this

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case said the separation of powers as written in the

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constitution means what it says.

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It so happens I agree with Judge Henderson

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and with Delegate Macdonald when they say it just isn't

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true, and therefore I shall vote against the Committee

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Recommendation.

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THE CHAIRMAN: Does any other delegate desire

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to speak in favor of the recommendation?

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DELEGATE ANDERSON: Mr. Chairman, I rise to

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speak in favor of the Committee recommendation, notwithstand-

20

ing the distinguished spokesman against this provision.

21

As you know, this came up in the general rights