The Enacting Clause
Any bill, rule, regulation, code, or other document that purports to be a Law
must contain an "Enacting Clause."
Enacting Clauses are required by the Constitutions of 46 of the 50 States, and the Supreme Courts of the other 4 States have all ruled that Enacting Clauses are required, even though the Constitution doesn't require them.
The Constitution for the United States does not require Enacting Clauses, even though the Preamble to the Constitution is the Enacting Clause for the Constitution.
Enacting Clauses identify the Individual, or the group, that created the Law.
This information will allow everyone to determine their legal or lawful relationship is to the Individual, or group, that is created the Law.
If there is no legal or lawful relationship, then the law does not apply.
If you live in Florida, you are not subject to the laws of California unless you happen to be visiting California
Enacting Clauses also declare the authority the Individual, or group, claims in order to create the Law.
If the Individual, or group, has no authority, or right, to create the law, then the law is not really a law and has no effect on anyone.
As an example:
The Janitor in the Senate Office Building has no authority to write a law, even though he works in the Senate Office Building.
Enacting Clauses have been used throughout history
The Ten Commandments has an Enacting Clause:
The Clause states:"I am the Lord thy God"
The Individual is the "Lord"
His authority is that He is our God
The edict of Cyrus to allow the Jews to rebuild Jerusalem has an Enacting Clause:
The Clause states:"Thus saith Cyrus king of Persia"
The Individual is "Cyrus"
His authority is that He is the King
The Constitution for the united States or America has an Enacting Clause:
The Clause, which is in the Preamble to the Constitution, states:"We the People"
The goup is "We"
Our authority is that we are the People and Sovereign People are the source of all legitimate Laws.
Almost all constitutions prescribe the mode and process of making laws.
Generally, these include:
If the publication does not contain these items, then the Law has not been properly published, as required,
therefore, the Law is null and void and has no effect on anyone.
Written Laws, in all times and all countries, whether the edicts of absolute monarchs, decrees of Kings and Councils, or the enactments of representative bodies, have almost invariably, in some form, expressed upon their face the authority by which they were promulgated or enacted. The almost unbroken custom of centuries has been to preface laws with a statement declaring the enacting authority. - Sjoberg v Security Savings & Loan Assn. 73 Minn. 203,212,213, (1898) - State v Kozer, 239 pac. 805, 807, (Ore. 1925) - Joiner v State, 155 S.E.2d 8, 9, 223 GA 367 (1967) - 25 Ruling Case Law, "Statutes," 22, p 775, 776 - City of Carlyle v Nicolay, 165 N.E. 211, 216, 217 (Ill. 1929)
The completed bill may also be subject to other procedures as are validly prescribed in the Constitution, or in the bill itself
Then, and only then, can the bill be called a Law
Then, and only then, can the Law be enforced
But, there is still a very basic decision that must be addressed
Who is subject to the Law?
Only those individuals who have a legal, or lawful, relationship to the Law makers are subject to any Law they create.
A Citizen of France is not subject to the Laws of the United States, or of China, or of any other country around the world, unless he, or she, is living, or traveling in that country.
A Citizen of the State of New York is not subject to the Laws of Utah, or of California, or of any other State, unless he, or she, is living, or traveling in that State.
An individual living in a community is not subject to the Laws of the neighboring community, or of any other community, unless he, or she, is living, or traveling in that community.
Unless there is a legal, or lawful, relationship to the Law makers, Individuals are not subject to the Laws created by such law makers
That's why an Enacting Clause is required on any Law for it to be effective.
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