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Establish

Bouvier's Law Dictionary and Concise Encyclopedia · John Bouvier; revised by Francis Rawle · 1914

Bouvier's Law Dictionary and Concise Encyclopedia

This word occurs frequently in the constitution of the United States, and it is there used in different meanings.

1.

To settle firmly, to fix unalterably: as, to establish justice, which is the avowed object of the constitution.

2.

To make or form: as, to establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies, — which evidently does not mean that these laws shall be unalterably established as justice.

3.

To found, to create, to regulate: as, Congress shall have power to establish post-roads and post-offices.

4.

To found, recognize, confirm, or admit: as, Congress shall make no law respecting an establishment of religion.

5.

To create, to ratify, or confirm: as, We, the people, etc., do ordain and establish this constitution.

1 Story, Const. § 454.

For decisions upon the scope and meaning of the word, see Ketchum v. City of Buffalo, 14 N. Y. 356; People v. Lowber, 28 Barb. (N. Y.) 65; Wartman v. City of Philadelphia, 33 Pa. 202; Com. v. Simonds, 11 Gray (Mass.) 306; Smith v. Forrest, 49 N. H. 230; Succession of Weigel, 18 La. Ann. 49. The Established Church in England is the Church of England; so of Wales. The Irish Church has been disestablished.