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Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

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notmartha
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Post by notmartha » Sun May 08, 2016 2:10 pm

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Creations such as ENTITIES, FICTIONS, PERSONS, CORPORATIONS, etc. have no power to do anything. They must be enabled by their creators. That is why they need to be licensed, permitted, registered, and otherwise regulated.

KJV References

Endynamoō, Greek Strong's Number 1743, is found 8 times in the New Testament. It is translated as be strong (3), strengthen (2), increase in strength (1), enable (1), be made strong (1). It is translated as “enable” in the following verse:
1 Timothy 1:12: And I thank Christ Jesus our Lord, who hath enabled me, for that he counted me faithful, putting me into the ministry;

Webster's Dictionary, 1828
ENABLE, verb transitive [Norm. enhabler; en and hable, able. See Able.]

1. To make able; to supply with power, physical or moral; to furnish with sufficient power or ability. By strength a man is enabled to work. Learning and industry enable men to investigate the laws of nature. Fortitude enables us to bear pain without murmuring.

2. To supply with means. Wealth enables men to be charitable, or to live in luxury.

3. To furnish with legal ability or competency; to authorize. The law enables us to dispose of our property by will.

4. To furnish with competent knowledge or skill, and in general, with adequate means.
Bouvier's 1856
ENABLING POWERS. A term used in equity. When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee, the right of creating interests to take effect out of it, which could not be done by the donee of the power, unless by such authority; this is called an enabling power. 2 Bouv. Inst. n. 1928.
Black's Law Dictionary, 1st edition, 1891
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The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
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Black’s Law Dictionary, 5th edition, 1979
Enable

To give power to do something; to make able. In the case of a person under disability as to dealing with another, “enable” has the primary meaning of removing that disability; not of conferring a compulsory power as against that other.

Enabling Clause

That portion of a statute or constitution which gives to government officials the right to put it into effect and to enforce such.

Enabling power

When the donor of a power, who is the owner of the estate, confers upon persons not seised of the fee, the right of creating interests to take effect out of it, which could not be done by the donee of the power, unless by such authority; this is called an “enabling power.”

Black’s Law Dictionary, 7th edition, 1999

Enable

To give power to do something; to make able.

Enabling Statute

A law that permits what was previously prohibited or that creates new powers; esp., a congressional statute conferring powers on an executive agency to carry out various delegated tasks.
WEX Legal Dictionary
Enabling Clauses

Clauses in the 13th, 14th, and 15th Amendments that provide Congress with the power to enforce those amendments by means of "appropriate legislation".

Rules Enabling Act of 1934

An act passed by Congress in 1934 that gave the Supreme Court the power to make rules of procedure and evidence for federal courts as long as they did not “abridge, enlarge, or modify any substantive right.”

Enabling Clause

A provision in a new law that empowers a particular public official -- such as governor or state treasurer -- to put it into effect, including making expenditures.
Roger Pilon:
The growth of federal power and programs over this century -- involving the regulation of business, the expansion of "civil rights," the production of environmental goods, and much else -- has taken place in large measure through the power of Congress to regulate "commerce among the states." That power has been read so broadly by the modern Court that Congress today can regulate anything that even "affects" commerce, which in principle is everything. As a result, save for the restraints imposed by the Bill of Rights, the commerce power is now essentially plenary, which is hardly what the Framers intended when they enumerated Congress’s powers. Indeed, if they had meant for Congress to be able to do anything it wanted under the commerce power, the enumeration of Congress’s other powers -- to say nothing of the defense of the doctrine of enumerated powers throughout the Federalist Papers -- would have been pointless. The purpose of the commerce clause quite simply, was to enable Congress to ensure the free flow of commerce among the states. Under the Articles of Confederation, state legislatures had enacted tariffs and other protectionist measures that impeded interstate commerce. To break the logjam, Congress was empowered to make commerce among the states "regular." In fact, the need to do so was one of the principal reasons behind the call for a new constitution.


Lysander Spooner:
But this theory of our government is wholly different from the practical fact. The fact is that the government, like a highwayman, says to a man: 'Your money, or your life.' And many, if not most, taxes are paid under the compulsion of that threat. The government does not, indeed, waylay a man in a lonely place, spring upon him from the roadside, and, holding a pistol to his head, proceed to rifle his pockets. But the robbery is none the less a robbery on that account; and it is far more dastardly and shameful. The highwayman takes solely upon himself the responsibility, danger, and crime of his own act. He does not pretend that he has any rightful claim to your money, or that he intends to use it for your own benefit. He does not pretend to be anything but a robber. He has not acquired impudence enough to profess to be merely a 'protector,' and that he takes men's money against their will, merely to enable him to 'protect' those infatuated travellers, who feel perfectly able to protect themselves, or do not appreciate his peculiar system of protection. He is too sensible a man to make such professions as these. Furthermore, having taken your money, he leaves you, as you wish him to do. He does not persist in following you on the road, against your will; assuming to be your rightful 'sovereign,' on account of the 'protection' he affords you. He does not keep 'protecting' you, by commanding you to bow down and serve him; by requiring you to do this, and forbidding you to do that; by robbing you of more money as often as he finds it for his interest or pleasure to do so; and by branding you as a rebel, a traitor, and an enemy to your country, and shooting you down without mercy, if you dispute his authority, or resist his demands. He is too much of a gentleman to be guilty of such impostures, and insults, and villanies as these. In short, he does not, in addition to robbing you, attempt to make you either his dupe or his slave.
Thomas Jefferson:
It had become an universal and almost uncontroverted position in the several States, that the purposes of society do not require a surrender of all our rights to our ordinary governors; that there are certain portions of right not necessary to enable them to carry on an effective government, and which experience has nevertheless proved they will be constantly encroaching on, if submitted to them; that there are also certain fences which experience has proved peculiarly efficacious against wrong, and rarely obstructive of right, which yet the governing powers have ever shown a disposition to weaken and remove. Of the first kind, for instance, is freedom of religion; of the second, trial by jury, habeas corpus laws, free presses.


Alexander Hamilton:
No legislative act contrary to the Constitution can be valid. To deny this would be to affirm that the deputy (agent) is greater than his principal; that the servant is above the master; that the representatives of the people are superior to the people; that men, acting by virtue of powers may do not only what their powers do not authorize, but what they forbid. It is not to be supposed that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. A Constitution is, in fact, and must be regarded by judges as fundamental law. If there should happen to be a irreconcilable variance between the two, the Constitution is to be preferred to the statute.
Ibn Rahel,Egyptian medieval Christian chronicler:
To have freedom is only to have that which is absolutely necessary to enable us to be what we ought to be, and to possess what we ought to possess.
James Madison:
In framing a government, which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed, and in the next place, oblige it to control itself.
Henry David Thoreau:
If a thousand men were not to pay their tax-bills this year, that would not be a violent and bloody measure, as it would be to pay them, and enable the State to commit violence and shed innocent blood. This is, in fact, the definition of a peaceable revolution, if any such is possible.


U.S. Department of State, Minutes S-3 of the Security Subcommittee, Advisory Committee on Postwar Foreign Policy, 6 May, 1942, Notter File, Box 77, Record Group 59, Records of the Department of State, National Archives, DC.
"The United States must cultivate a mental view toward world settlement after this war which will enable us to impose our own terms, amounting perhaps to a pax-Americana."
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