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Simple English definitions for legal terms
enabling clause
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A quick definition of enabling clause:
An enabling clause is a part of a law or constitution that gives government officials the power to make sure the law is followed and enforced. It tells them what they can do to make sure the law is working properly. Some amendments to the U.S. Constitution have enabling clauses that give Congress the power to make sure the amendment is being followed.
A more thorough explanation:
An enabling clause is a provision in a law or constitution that gives government officials the power to enforce the law. It allows them to take action to make sure the law is followed.
For example, many amendments to the U.S. Constitution have enabling clauses. These clauses give Congress the power to create laws that enforce the amendment. Here are some examples:
- Amendment XIII (1865): "Congress shall have power to enforce this article by appropriate legislation."
- Amendment XIV (1868): "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."
- Amendment XV (1870): "The Congress shall have the power to enforce this article by appropriate legislation."
These examples show how enabling clauses give Congress the power to enforce the amendments. Without these clauses, the amendments would not be as effective because there would be no way to enforce them.