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An enabling act is a piece of legislation by which a legislative body grants an entity which depends on it (for authorization or legitimacy) for the delegation of the legislative body's power to take certain actions. [1] For example, enabling acts often establish government agencies to carry out specific government policies in a modern nation ...
In many instances, an enabling act would detail the mechanism by which the territory would be admitted as a state after the ratification of their constitution and the election of state officers. Although the use of such an act is a traditional historic practice, several territories have drafted constitutions for submission to Congress absent an ...
Rule by decree is a style of governance allowing quick, unchallenged promulgation of law by a single person or group of people, usually without legislative approval. While intended to allow rapid responses to a crisis, rule by decree is easily abused and is often a key feature of dictatorships.
A famous example is the Enabling Act of 1933, which lawfully ended democracy in Weimar Germany and marked the transition to Nazi Germany. [296] Temporary or long-term political violence and government interference can prevent free and fair elections, which erode the democratic nature of governments.
With the Enabling Act now in force, the cabinet (in practice, the chancellor) could pass and enforce laws without legislative oversight. The combined effect of the Enabling Act and the Reichstag Fire Decree transformed Hitler's government into a legal dictatorship and laid the groundwork for his totalitarian regime.
This was a clear violation of the Enabling Act. While Article 2 of the Enabling Act allowed the government to pass laws that deviated from the Constitution, it explicitly protected the existence of the Reichstag and Reichsrat. [33] Law Concerning the Head of State of the German Reich.
Dred Scott v. Sanford was an example of how Taney's dual federalism helped stir up tensions eventually leading to the outbreak of the Civil War. Another example of dual federalism's social impact was in the Plessy v. Ferguson ruling. Dual federalism had set up that the U.S. Government could not legislate on moral issues.
The normal legislative procedures outlined in Articles 68 to 77 of the constitution did not apply to legislation promulgated by the Reich government. [35] The Enabling Act, which passed by a vote of 441 to 94, formally met the requirements for a constitutional amendment (two-thirds of the Reichstag's members were present, and two-thirds of the ...