Court's conflicting interpretations of the Enabling Act. Part III

(154) Last, this pleading requirement amounts to the Supreme Court establishing a new pleading requirement for a specific claim, which conflicts with precedent and raises constitutional concerns by conflicting with the Rules Enabling Act. (155)

These and other cases emphasize that the equal footing doctrine mandates that Congress cannot impose a burden on a new state, in the state's enabling act, that it would not be able to impose upon an existing state.

statutes, focusing on its four primary P3 enabling acts: the Virginia

The Divide--Differing Interpretations of the Rules Enabling Act Create a Plurality Opinion and a Defining Concurrence

enabling act is ambiguous about whether a conservation easement is a

(57) There were some statehood advocates, like Attorney General Hugh Campbell, who argued "that since southern Dakota had fulfilled the traditional requirements for statehood, it had a perfect right to organize as a state and declare itself a member of the Union without waiting for Congress to pass an enabling act." (58) These advocates favored an aggressive means of forcing Congress' hand and eliminating the territorial system, which was increasingly perceived as controlled by the likes of Governor Ordway and the railroad lobbies.

(36) Since super-tribunals are creations of statute, the burden of proof and the standard of proof will, in each case, be dependent upon the construction of the particular Act that establishes each tribunal, as well as any relevant provisions under the enabling Act pursuant to which a dispute arises.

Tompkins (2) and the Rules Enabling Act, (3) properly understood, both require such an approach.

If I was to be asked, I would say that the time is not right at the moment to tamper with this enabling act. We should not take away AFSPA at this juncture," he said when asked to comment on the issue.

On the expenditure side, measures include cuts in central government expenditure, implementation of the public spending review, reform of the tax system and welfare by way of an Enabling Act. Consolidation targets of the Enabling Act are ensured by law through a safeguard clause which provides for automatic cuts in tax expenditures if forthcoming measures do not provide the expected savings (leading to e1/44.0 billion cumulative savings in 2012, e1/416.0 billion in 2013 and e1/420.0 in 2014).

The RFA, according to its enabling Act, is mandated to manage the Namibian Road User Charging System in such a manner as to secure and allocate sufficient funds for the achievement of a safe and economically efficient road sector.

Some allies of the Congress party, which share power with it at the centre, namely the Trinamool Congress and the Dravida Munnetra Kazhagam, were also opposed to the provision of Lokayukta in states, saying the enabling Act will be an infringement on autonomy of the states and go against the federal structure of the constitution.

In 1933, the German Reichstag passed the Enabling Act. Through the enactment of this law, Adolf Hitler was given the expansive powers that effectively established his dictatorship.