Also known as:antiquated · antiquation · reject · abrogate (Roman law)
Written by attorneys · grounded in primary & secondary sources — see below
A Roman-law procedure by which voters rejected a proposed statute. Those opposing a new law marked their ballots with the letter A for antiquo to signify preference for the existing rule. The same procedure could repeal an enacted law.
Sources & Authorities· 17 primary sources
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Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Trustee Rejects Appointment
Alice Atkins receives notice that she has been named trustee of a family trust. She takes no action for several weeks and sends no acceptance. Under the governing statute the delay constitutes rejection, so Alice never becomes trustee and the designated successor steps in.
Trustee Declines Additional Property
Austin Abbott serves as trustee when the settlor offers to add undeveloped land to the trust. After review Austin notifies the settlor that the parcel will not be accepted. The rejection keeps the land outside the trust estate.
City Rejects Development Plan
Alexis Archer submits plans to build above Grand Central Terminal. New York City denies the proposal under its landmarks law. The denial stands because the regulation does not effect a taking under the applicable constitutional test.
Anika Anand seeks to introduce a witness's out-of-court statement against the defendant. The trial judge excludes the statement because the defendant had no prior opportunity for cross-examination. The exclusion prevents admission of testimonial hearsay.
Congress Vetoes Deportation
Amelia Amari faces deportation after an immigration judge's order. Congress passes a resolution blocking the order. The resolution is invalid because it constitutes an impermissible legislative veto.
Statute Struck Down
Aisha Ahmed challenges a federal statute regulating gender-motivated violence. The Court invalidates the law because it exceeds Congress's enumerated powers. The decision leaves the conduct to state rather than federal regulation.
Common questions
Frequently Asked
2
How did Roman voters formally reject a proposed law?+
Voters marked their ballots with the letter A for antiquo to indicate they favored the old law and rejected the new proposal.
Supporting sources
Does the term apply only to statutes or also to repeal of existing laws?+
The procedure covered both rejection of a new proposal and repeal of an already enacted law.
Supporting sources
576 U.S. 644 (2015)Legislation and Regulation
…marriage to include same-sex couples. In 2012, the Sixth Circuit, in a 2–1 decision, became the first federal appellate court to reject a claim that a state’s ban on same-sex marriage violated the Constitution. See DeBoer v. Snyder , 772 F. 3d 388 (2014). The cases now before the Court present the same question. II. The…