Enabling Act - United States

United States

In the United States, the term may generally refers to legislation creating a program or agency. For example, the Federal Food Drug and Cosmetic Act is the enabling act for the US Food and Drug Administration.

Formerly, the term was used in relation to the formation of a new U.S. state; i.e., legislation passed by Congress authorizing the people of a territory to frame a constitution; this act also lays down the requirements that must be met as a prerequisite to statehood. These acts were usually titled "An Enabling Act for a State of (Name)". These include the following:

  • Enabling Act of 1802, for the formation of Ohio from the Northwest Territory
  • Enabling Act of 1889, for the formation of North Dakota, South Dakota, Montana, and Washington
  • Enabling Act of 1906 for the formation of Oklahoma from Oklahoma Territory and Indian Territory
  • Enabling Act of 1910, for the admission of Arizona and New Mexico

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