1. A distinct section or provision of a legal document or instrument.
2. ITEM(3). — clausal, adj.
enacting clause. The part of a statute stating the legislative authority by which it is made and often the date when it will take effect. • A typical enacting clause begins with the words “Be it enacted that….” The enacting clause of a federal statute is, “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.” Some state constitutions specify the enacting clause for legislation, without which the legislation is void. In codifications of statutes, enacting clauses generally appear not in the text of the statutes but in historical or legislative notes. [Cases: Statutes 210.]
operative clause. A provision under an enacting or resolving clause; a provision that is not a mere recital or preamble. See resolving clause.
resolving clause. The clause that introduces a resolution’s operative text, usu. beginning with “Resolved, That….” • A resolving clause is comparable to a statute’s enacting clause.
— Also termed operative clause. See enacting clause; RESOLUTION(1). Cf. PREAMBLE(1).
whereas clause.
1. RECITAL(2).
2. PREAMBLE(1).
