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The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
An enacting clause is a short phrase that introduces the main provisions of a law enacted by a legislature.It is also called enacting formula or enacting words. [1] It usually declares the source from which the law claims to derive its authority.
In public policy, a sunset provision or sunset clause is a measure within a statute, regulation or other law that provides for the law to cease to be effective after a specified date, unless further legislative action is taken to extend it. Unlike most laws that remain in force indefinitely unless they are amended or repealed, sunset provisions ...
The Necessary and Proper Clause, also known as the Elastic Clause, [1] is a clause in Article I, Section 8 of the United States Constitution: The Congress shall have Power... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government ...
The meaning of the Equal Protection Clause has been the subject of much debate, and inspired the well-known phrase "Equal Justice Under Law". This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that helped to dismantle racial segregation. The clause has also been the basis for Obergefell v.
In law, severability (sometimes known as salvatorius, from Latin) refers to a provision in a contract or piece of legislation which states that if some of the terms are held to be illegal or otherwise unenforceable, the remainder should still apply. Sometimes, severability clauses will state that some provisions to the contract are so essential ...
Provisions may also be entrenched in the constitutions of corporate bodies. An example is in the memoranda and articles of a company limited by guarantee, in which the principles of common ownership may be entrenched. This practice can make it almost impossible for the company's members to dissolve the company and distribute its assets amongst ...
Many jurisdictions prohibit ex post facto laws, and grandfather clauses can be used to prevent a law from having retroactive effects. For example: In the UK, the offence of indecent assault is still charged in respect of crimes committed before the offence was abolished and replaced with sexual assault (among others) by the Sexual Offences Act ...