Also known as: power-delegating laws · delegation of powers statute · enabling act
Written by attorneys · grounded in primary & secondary sources — see below
A statute or rule that allocates authority to courts over procedural steps in litigation and determines when those procedures control despite conflicting state provisions.
Patrick Phan sued a state resident in federal court over a contract dispute. The court applied a Federal Rule of Civil Procedure on service of process instead of the conflicting state statute. The federal rule operated as a power-delegating law by defining the court's authority to control procedural steps in the case.
Peter Park filed a diversity class action seeking interest on insurance claims. The court used Federal Rule of Civil Procedure 23 to decide certification despite a state statute barring such actions. The federal rule functioned as a power-delegating law by allocating authority over aggregation procedures.
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Parker Phillips challenged a state constitutional amendment limiting protections for certain groups. The court treated the amendment as a power-delegating law that defined the scope of official authority to enforce discriminatory policies.
Paige Porter sought approval of a global asbestos settlement in federal court. The court evaluated whether the settlement terms respected limits on judicial power under a power-delegating law governing class procedures.
Pierre Poulin sued in Alabama despite a contractual clause selecting New York. The court applied a federal statute as a power-delegating law that defined when transfer authority could override state procedural preferences.
Priscilla Parks contested an agency order in a workers' compensation dispute. The court upheld the agency's role under a power-delegating law that assigned fact-finding authority while preserving judicial review of legal questions.
It establishes the scope of an official's authority and specifies when the official's acts carry legal force.
The Act authorizes the Supreme Court to promulgate rules that allocate procedural authority to federal courts without altering substantive rights.
A federal rule controls if it is on point, arguably procedural, and valid under the Rules Enabling Act even when a conflicting state provision exists.
Rule 23 regulates the procedural mechanism for aggregation and does not modify the underlying substantive rights created by state law.
…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…