enabling act


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enabling act

a legislative act conferring certain specified powers on a person or organization
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154) Last, this pleading requirement amounts to the Supreme Court establishing a new pleading requirement for a specific claim, which conflicts with precedent and raises constitutional concerns by conflicting with the Rules Enabling Act.
A corollary of that proposition, however, is that if the burden imposed by the enabling act is one that Congress could also impose on an original state--because it falls within the scope of a power delegated to the federal government by the Constitution--then Congress does not violate the Constitution by imposing it on the new state.
Second, the four enabling acts condition project approvals on
In Shady Grove, the split arose from a disagreement among the justices with respect to whether the Rules Enabling Act would authorize Rule 23's applicability.
legislative intent of the enabling act allows standing to enforce based
57) There were some statehood advocates, like Attorney General Hugh Campbell, who argued "that since southern Dakota had fulfilled the traditional requirements for statehood, it had a perfect right to organize as a state and declare itself a member of the Union without waiting for Congress to pass an enabling act.
Since super-tribunals are creations of statute, the burden of proof and the standard of proof will, in each case, be dependent upon the construction of the particular Act that establishes each tribunal, as well as any relevant provisions under the enabling Act pursuant to which a dispute arises.
The essays that make up The Bramble Bush were written between 1929 and 1930, (9) prior to the enactment of the Rules Enabling Act of 1934 and during a pocket of time when efforts at federal procedural reform appeared moribund.
If I was to be asked, I would say that the time is not right at the moment to tamper with this enabling act.
The current enabling act expires at the end of the current Congress, Dec.
Consolidation targets of the Enabling Act are ensured by law through a safeguard clause which provides for automatic cuts in tax expenditures if forthcoming measures do not provide the expected savings (leading to e1/44.