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Enabling statute

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Enabling statute or enabling act refers to legislation that confers new powers on an entity or permits something that was previously prohibited or not allowed.[1][2][3] In the context of administrative law, an enabling statute establishes the powers and responsibilities of a government agency.[4]

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Background

According to Black's Law Dictionary, an enabling statute "permits what was previously prohibited or that creates new powers;" in United States law, the term most frequently refers to "a congressional statute conferring powers on an executive agency to carry out various delegated tasks."[4] Under the system of government established by the United States Constitution, legislative authority (the power to make law) is vested in the Congress. However, Congress delegates its rulemaking authority to a variety of executive departments, agencies, and commissions via organic and enabling statutes. Organic statutes establish and authorize administrative agencies to issue specific rules and regulations and carry out other activities to fulfill broad aims defined by Congress, while enabling statutes grant additional authority or responsibility to existing agencies.[5]

Example

As an example, the enabling statute that created the Food and Drug Administration is the Federal Food, Drug, and Cosmetic Act.[6]

See also

External links

Footnotes

  1. ↑ US Legal, "Enabling Statute Law and Legal Definition," accessed August 13, 2017
  2. ↑ Merriam-Webster, "Enabling statute," accessed August 13, 2017
  3. ↑ Oxford Reference, "Enabling statute," accessed August 13, 2017
  4. ↑ 4.0 4.1 Intelligence Law, "Lesson 4: Statutory Law," 2012
  5. ↑ Beau Steenken and Tina Brooks, "Sources of American Law: An Introduction to Legal Research, Chapter 4: Administrative Regulations," 2015
  6. ↑ Justia, "Legislative Agencies," accessed August 2, 2019
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