The Law Dictionary

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ESTABLISH Definition & Legal Meaning

Definition & Citations:

This word occurs frequently in the constitution of the United States, andit is there used in different meanings: (1) To settle firmly, to fix unalterably ; as toestablish justice, which is the avowed object of the constitution. (2) To make or form;as to establish a uniform rule of naturalization, and uniform laws on the subject ofbankruptcies, which evidently does not mean that these laws shall be unalterablyestablished as justice. (3) To found, to create, to regulate; as: “Congress shall havepower to establish post-roads and post- offices.” (4) To found, recognize, confirm, oradmit; as: “Congress shall make no law respecting an establishment of religion.” (5) Tocreate, to ratify, or confirm; as: “We,the people,” etc., “do ordain and establish this constitution.” 1 Story, Const. J 454. Andsee Dickey v. Turnpike Co., 7 Dana (Ky.) 125; Ware v. U. S., 4 Wall. 632, 18 L. Ed. 389;D. S. v. Smith, 4 N. J. Law, 33.Establish ordinarily means to settle certainly, or fix permanently, what was beforeuncertain, doubtful, or disputed. Smith v. Forrest, 49 N. H. 230.


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