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Definition of a Statutory Provision

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    Statutes

    • In order to define statutory provisions, it is first necessary to understand statutes. A statute is a piece of legislation enacted by the legislature, as opposed to laws that were created by court cases or executive orders. An example of a statute is Articles 1191-1194 of the Texas State Penal Code, which made abortions illegal and came under scrutiny in Roe v. Wade in 1973.

    Statutory Provisions

    • A statutory provision, according to TransLegal Legal Dictionary, is a "clause in a statute providing for a particular manner." An example of a statutory provision is the provision in the Texas Penal Code which provides an exception if an abortion is necessary to save a mother's life.

    Historical Context

    • In 1996, the Line Item Veto Act gave the president the power to approve bills while removing only certain statutory provisions from them, instead of passing or vetoing the acts as a whole. The Supreme Court found this law unconstitutional and struck it down in 1998, although many state governments still have line item veto legislation.

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