The Enacted Clause is a crucial component of a law, specifying its authorship and effective date. Typically beginning with the phrase “Be it enacted that…”, it is essential for the law’s validity. This clause is akin to the “Resolved, That…” segment of a resolution.
An enacted clause, also known as an enacting clause, is a component of a legal document or instrument, such as a statute. It specifies the legislative authority under which the document is created and often includes the effective date. Typically, an enacted clause begins with the phrase “Be it enacted that…” For instance, the enacted clause of a federal statute reads, “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.” In some state constitutions, the enacted clause is explicitly stated for legislation, and without it, the legislation is considered invalid. In codifications of statutes, enacted clauses are usually found in historical or legislative notes rather than within the text of the statutes themselves. An example of an enacted clause can be seen in the United States Constitution: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” This example demonstrates how the enacted clause of the US Constitution establishes the authority and purpose behind its creation.
An enacted clause refers to a specific provision or section within a law or legal document that has been officially passed and put into effect.
An enacted clause is distinct from other clauses because it has gone through the legislative process and has been formally adopted as part of a law or legal document.
The purpose of an enacted clause is to establish specific rules, regulations, or requirements within a law or legal document, providing clarity and guidance on how certain aspects should be interpreted or implemented.
Yes, an enacted clause can be changed or modified through the legislative process. However, any modifications would require the same level of approval and adoption as the original clause.
Yes, enacted clauses are legally binding as they have been officially passed and put into effect. They carry the same weight and authority as the rest of the law or legal document.
Yes, an enacted clause can be challenged in court if it is believed to be unconstitutional, inconsistent with other laws, or if there are other legal grounds for contesting its validity.
Enacted clauses can typically be found within the text of the law itself. They are often numbered or labeled to make them easily identifiable.
Yes, enacted clauses can be repealed or removed through the legislative process. This would require a new law or amendment to be passed specifically targeting the clause in question.
Enacted clauses are not necessarily permanent. They can be subject to change, modification, or repeal through subsequent legislative actions.
If an enacted clause is found to be invalid, it may be struck down by a court or rendered unenforceable. In such cases, the law or legal document would need to be amended or revised to address the issue.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 25th April 2024.
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