unenacted

The practice at issue in Chada, the one-house veto, was far more established by practice and by statute than is the Slaughter Solution of “deeming” an unenacted bill to have been enacted.

The Volokh Conspiracy » Is the Slaughter Solution constitutional? 2010

Its five more conservative justices doubted that executing Leal would cause grave international consequences, and doubted "that it is ever appropriate to stay a lower court judgment in light of unenacted legislation."

Texas executes Mexican citizen after court stay rejected 2011

The practice at issue in Chada, the one-house veto, was far more established by practice and by statute than is the Slaughter Solution of “deeming” an unenacted bill to have been enacted.

The Volokh Conspiracy » Is the Slaughter Solution constitutional? 2010

Formalists do not try to make logical "deductions" but instead pay heightened attition to legal procedure (e.g. favoring enacted text over unenacted commitee reports, or interpreting cases according to what they say rather than according to what the judge "really" was thinking).

Balkinization 2006

The earliest Year Books (the series of notes of cases argued in the king's courts from about 1270 until the sixteenth century) use the phrase to indicate the general law by contrast with local custom and with the law merchant, which applied only among merchants and which was international in scope, and also to indicate the ancient unenacted law by contrast with the statute law laid down by Parliament and with the royal prerogative.

COMMON LAW PETER STEIN 1968

Intellectual-Principle itself comes under the doubt; having a certain nature and acting by that nature can it be said to have freedom and self-disposal — in an act which it cannot leave unenacted?

The Six Enneads. Plotinus 1952

We have to frame such tacit rules, to establish such ruling but unenacted customs, as will make the House of Lords yield to the Commons when and as often as our new

The English Constitution Walter Bagehot 1851

Nay this one Bill, which lies yet unenacted, a right Education Bill, is not this of itself the sure parent of innumerable wise Bills, -- wise regulations, practical methods and proposals, gradually ripening towards the state of

Past and Present Thomas Carlyle 1838

Nay this one Bill, which lies yet unenacted, a right Education Bill, is not this of itself the sure parent of innumerable wise Bills, -- wise regulations, practical methods and proposals, gradually ripening towards the state of Bills?

Past and Present Thomas Carlyle's Collected Works, Vol. XIII. Thomas Carlyle 1838

The logic of Justice Scalia's theory that the Second Amendment codified a pre-existing right would render virtually all modern gun control regulations unconstitutional because such regulations did not exist in 1791 (and everyone therefore had a right to do anything that was not forbidden) and there is no historical record indicating which unenacted regulations would have been generally considered to be permissible at that time.

The Volokh Conspiracy 2009