13,652

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adoption and the entire remainder of the article were

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adopted, would it make sense. If not, the division is

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improper. The important thing to keep in mind is that this

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is a simultaneous test. You must determine that which-

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ever way the voting, what is left will in the language of

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the rule present a matter of substance. In other words,

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it will make sense.

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Now, this is relatively simple in the case of

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one amendment to one section because all you are considering

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is whether or not a particular section standing alone

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would make sense with or without the amendment. It is

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quite a different question/now because you are considering

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the section in the context of the entire article and of

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the entire Constitution.

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We no longer have the situation that if any

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article fails, the corresponding article of the previous

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Constitution would remain in effect because Section

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10.01 or 2 — I forgot — 10.02 provides that upon the

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effective date of this Constitution, July 1, 1968, the

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preceding Constitution ceases to have effect and, there-

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fore, we apply the test in the light of this document