Also known as:enabling act · enabling statute · enabling legislation
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in civil procedure
A federal statute that authorizes the Supreme Court to prescribe rules of practice and procedure for the federal courts. The statute permits such rules only when they are arguably procedural and do not abridge, enlarge, or modify any substantive right.
2
Sense 1
1
in civil procedure
A federal statute that authorizes the Supreme Court to prescribe rules of practice and procedure for the federal courts. The statute permits such rules only when they are arguably procedural and do not abridge, enlarge, or modify any substantive right.
Sources & Authorities· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Sense 2
2
in corporate and property law
State statutes that supply the legal framework for forming corporations or enacting local zoning ordinances. These statutes set the procedures and powers available to organizers and municipalities while leaving substantive policy choices to the users of the framework.
Sources & Authorities· 2 sources
Select any source to read its text and confirm it supports the definition.
State statutes that supply the legal framework for forming corporations or enacting local zoning ordinances. These statutes set the procedures and powers available to organizers and municipalities while leaving substantive policy choices to the users of the framework.
Each sense below has its own examples, sources, and questions.
Examples3
Diversity Class Action Certification Dispute
Deborah, a State A citizen, sues Grove Coverage in federal court under diversity jurisdiction after the insurer underpaid interest on her claim. State A law bars class actions for interest-only recovery, but Deborah seeks certification under Federal Rule of Civil Procedure 23. The court applies the federal rule because it was promulgated under the enabling statute and regulates only the aggregation of claims without altering the underlying right to interest.
Class Certification in Insurance Interest Claims
Policyholders in State A bring a diversity class action against an insurer for systematic underpayment of interest. A State A statute prohibits class treatment of such claims to protect local insurers. The federal court certifies the class under Rule 23 because the enabling statute validates the rule as procedural and the rule does not change the substantive elements of the interest claims.
Class Action Commonality Under Corporate Framework
Employees sue Wal-Mart alleging a pattern of discriminatory pay decisions. They seek class certification under Rule 23. The court considers whether the federal rule promulgated under the enabling statute controls the commonality analysis required for certification.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
Frequently Asked2
What test determines whether a federal rule is valid under the Rules Enabling Act?+
A federal rule is valid if it is arguably procedural and does not abridge, enlarge, or modify any substantive right. Courts apply the rule in diversity cases when it is on point even if it conflicts with state law.
Supporting sources
How does the Rules Enabling Act interact with the Erie doctrine when a federal rule conflicts with state procedure?+
When a valid federal rule addresses the issue, it governs in diversity cases. The twin aims of Erie guide analysis only when no federal rule is on point.
Supporting sources
Examples3
State Constitutional Admission Conditions
Congress passes an enabling act admitting a new state subject to stated conditions in its constitution. Challengers later argue one condition violates equal protection. The court examines whether the enabling act's condition remains enforceable after statehood or whether later equal protection principles override the original framework.
Romer v. Evans517 U.S. 620 (1996)
Corporate Conversion and Partner Admission
Horizon converts several project partnerships into GreenEarth Consolidated LP under the state business corporation enabling statute. The conversion plan automatically grants ownership interests to prior noteholders. Dana claims limited partner status based on the statutory transaction authorized by the enabling act.
Omnicare, Inc. v. NCS Health Care, Inc.818 A.2d 914 (Del. 2003)
Zoning Referendum Authority
Forest City seeks approval for a development project. The city charter, enacted under the state zoning enabling act, requires voter approval of certain land-use changes. The developer challenges the referendum requirement as an improper delegation of legislative power.
City of Eastlake v. Forest City Enterprises, Inc.426 U.S. 668, 96 S.Ct. 2358, 49 L.Ed.2d 132 (1976)
Frequently Asked2
What role do enabling acts play in corporate formation?+
They supply the statutory framework that allows organizers to create a corporation with limited liability and perpetual existence by filing articles that meet statutory requirements.
Supporting sources
Do enabling acts for zoning limit municipal power or expand it?+
They expand municipal power by delegating authority to enact land-use regulations while requiring that ordinances follow the procedures and standards set in the enabling statute.
Supporting sources
438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631 (1978)Property
…quality of life for people.”[^maj-4] New York City, responding to similar concerns and acting pursuant to a New York State enabling Act,[^maj-5] adopted its Landmarks Preservation Law in 1965. See N. Y. C. Admin. Code, ch. 8-A, § 205-1.0 et seq. (1976). The city acted from the conviction that “the standing of [New York…