[35] In 1874 it was fixed by a federal law that the Assembly should convene on the first Monday in June for the first, and on the first Monday in December for the second portion of the regular annual session.
[36] The remuneration of these officials in 1848, when the system was inaugurated, was much smaller; the President receiving only 6000 francs a year and each of the other members 5000 francs.
[37] This election occurs during December of each year on a day agreed upon by the Assembly.
[38] Although the Assembly cannot exactly turn out the members of the federal executive during their term of office, it enjoys such extensive power of supervision and control over their acts, and, in fact, exercises so large a part of what is called executive discretion, that it can practically have very little reason for desiring to remove them.
[39] “All such laws are adopted by the people, either tacitly or through the referendum; and the judiciary must submit their judgment on constitutional questions to the will of the people.”—Dubs, “Das Oeffentliche Recht der Schweizerischen Eidgenossenschaft.”
[40] Marbury vs. Madison, 1 Cranch, 137. Mr. Madison disregarded the obiter opinion of the court, and Mr. Jefferson treated it with contempt. “The federal judges,” he said, “declared that commissions signed and sealed by the President were valid, though not delivered. I deemed delivery essential to complete a deed, which as long as it remains in the hands of the party is as yet no deed. It is in posse only but not in esse, and I withheld delivery of the commissions.” (Letter to Judge Roane, September 6, 1819. Works, vol. vii. p. 135.)
[41] “Political Science Quarterly,” June, 1890. C. B. Elliott.
[42] See also Professor Bryce, “American Commonwealth,” i. p. 237.
[43] Kent’s Commentaries, i. p. 453.
[44] Burke.