Also known as:repeals · repealed · repealing · repealer · repealers · repealing clause
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a legislative body or other authorized authority annuls or abrogates an existing statute or provision. The authority to repeal may be exercised expressly by new legislation or impliedly when a later enactment irreconcilably conflicts with an earlier one. Repeal extinguishes the legal force of the targeted law going forward while leaving completed transactions and final judgments undisturbed.
Sources & Authorities
How it applies
Common Examples
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Presidential Cancellation Attempt
After Congress passed a comprehensive spending bill funding multiple infrastructure projects, the President issued an executive directive canceling only the grants allocated to facial-recognition technology firms. Rachel Ramirez, whose startup had qualified for one of the canceled grants, sued to restore the funding. The court held that the directive constituted an impermissible repeal of statutory provisions because the President may approve or reject an entire bill but cannot unilaterally nullify discrete enacted provisions.
Shareholder Bylaw Repeal
Shareholders of Riverstone Manufacturing grew dissatisfied with a bylaw limiting director nominations. At a special meeting they voted to repeal that bylaw and replace it with one permitting broader shareholder nominations. The board challenged the action as unauthorized. The court upheld the repeal because Model Business Corporation Act section 10.20(a) expressly grants shareholders power to repeal corporate bylaws.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Study Supplements
Dictionaries
Jurisdictional Repeal Challenge
Roberto Reyes filed a petition for certiorari in a maritime fee dispute after losing in the court of appeals. While the petition was pending, Congress enacted a statute repealing the specific statutory grant of Supreme Court appellate jurisdiction over such cases and channeling disputes to an executive tribunal. Reyes argued the repeal violated Article III. The Court held the repeal valid because Congress may repeal particular avenues of appellate review so long as it preserves at least one route for constitutional claims.
Board Bylaw Repeal Attempt
The board of Royal Crest Hotels sought to repeal a shareholder-adopted bylaw requiring reimbursement of proxy expenses in contested elections. The articles of incorporation contained no reservation of exclusive repeal power to shareholders. Riley Rivera, a dissident shareholder, sued to block the board action. The court permitted the repeal because the statute allows the board to repeal bylaws unless shareholders have expressly reserved that power or imposed a specific limitation.
Shareholder Limitation on Board
Shareholders of Radiant Technologies adopted a bylaw governing proxy expense reimbursement and expressly stated that the board could not amend or repeal it. Later the board attempted to modify the reimbursement procedures. Rowan Russell, a shareholder who had relied on the original bylaw, challenged the modification. The court invalidated the board action because the shareholders had expressly provided that the board could not repeal the bylaw under section 10.20(b)(2).
Emergency Bylaw Procedures
Shareholders of Riverfront Developments adopted an emergency bylaw requiring special procedures during a declared crisis. The bylaw included conditions for board action. The board later sought to add further procedures to ensure orderly decision-making. Renata Russo, a shareholder, objected that the addition exceeded the board's authority. The court upheld the board's addition because section 2.06(d) permits the board to amend procedures in such bylaws to provide a reasonable and practical process.
Common questions
Frequently Asked
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What happens to pending criminal prosecutions when a statute is repealed?+
At common law, repeal of a criminal statute extinguishes authority to prosecute violations unless the repealing law contains a saving provision. This bar applies to prosecutions not yet begun and to those still pending at the time of repeal. Completed convictions and final judgments remain undisturbed.
May Congress repeal a specific statutory grant of Supreme Court appellate jurisdiction?+
Congress possesses broad power to make exceptions to and regulate the Supreme Court's appellate jurisdiction, including repealing particular statutory avenues of review. The repeal is valid so long as it does not eliminate all avenues of Supreme Court review or all federal judicial review of constitutional claims.
Who may repeal corporate bylaws under the Model Business Corporation Act?+
Shareholders may amend or repeal the corporation's bylaws. The board of directors may also amend or repeal bylaws unless the articles of incorporation or a shareholder-adopted bylaw expressly reserves that power exclusively to shareholders or limits the board's authority.
Does the President have authority to repeal portions of an enacted statute?+
The President's veto power permits only approval or rejection of a bill in its entirety. The President may not unilaterally cancel or amend specific provisions of a duly enacted statute. Any such action constitutes an impermissible line-item veto.
5 U.S. (1 Cranch) 137 (1803)Property
…officers reported by the circuit courts was deemed unconstitutional so far as it imposed duties on the courts, and after a repeal Congress provided a different mode and enacted that the Secretary of War in conjunction with the Attorney General take measures to obtain adjudication by the Supreme Court on the validity…