Establish

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Establish

This word occurs frequently in the Constitution of the United States, and it is used there in different meanings: (1) to settle firmly, to fix unalterably; as in to establish justice, which is the avowed object of the Constitution; (2) to make or form; as in to establish uniform laws governing naturalization or Bankruptcy; (3) to found, to create, to regulate; as in "Congress shall have power to establish post offices"; (4) to found, recognize, confirm, or admit; as in "Congress shall make no law respecting an establishment of religion"; and (5) to create, to ratify, or confirm, as in "We, the people … do ordain and establish this Constitution."

To settle, make, or fix firmly; place on a permanent footing; found; create; put beyond doubt or dispute; prove; convince. To enact permanently. To bring about or into existence.

ESTABLISH. 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, &c., do ordain and establish this constitution, 1 Story, Const. Sec. 454.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.

References in periodicals archive ?

Even if a plaintiff establishes that an officer violated the plaintiff's constitutional rights and that the violation was caused by a training program of the municipality that was so deficient as to reflect a policy of "deliberate indifference" to the rights of its inhabitants, it is still necessary to establish a causal connection between the deficient training policy and the constitutional injury.

Firearms training and liability

Yet, a revenue agent may argue that the corporation's successful track record establishes that the goal was not "substantially uncertain" when established.

18 For example, a corporation that establishes a five-year nondiscretionary incentive plan that is approved by the shareholders may find in year 3 of the plan that, as a result of cutbacks in defense spending, the likely poor performance of the business unit devoted to defense contracting will, unless the unit is divested and the plan altered, prevent the officers from ever achieving an award under the plan.

Proposed Section 162(m) regulations on deductions for executive compensation

1, 2001, deductions are disallowed for royalty payments made to related members for the use of trademarks, unless the related member includes the income on a North Carolina return or the taxpayer establishes that the related member paid or accrued the expense to an unrelated person during the tax year; see Ch.

Ohio: Beginning with the 1999 tax year, all corporations are required to add back to Federal taxable income interest and intangible expenses/costs paid to specified related members, unless the corporation: (1) establishes by clear and convincing evidence that the adjustments are unreasonable; (2) establishes by a preponderance of the evidence that, during the same tax year, the related member paid or accrued the expense to an unrelated person and the transaction did not have as a principal purpose the avoidance of tax; or (3) agrees in writing with the commissioner to the use of alternative adjustments; see HB 215, Laws 1997; Ohio Rev.

State laws and legislation disallowing certain intercompany expenses

1.529-2(g), a program does not violate this requirement if it permits a person who establishes a Sec.

IRS eases investment direction restriction for sec. 529 participants. (Individuals)

Similarly, if the taxpayer establishes that the foreign jurisdiction has accepted the transfer price as arm's length, the presumption of reasonable cause and good faith would be met.

Comments on transfer pricing penalty under Section 6662(e)

Specifically, the policy eases eligibility requirements for relief, establishes a procedure that plan sponsors can follow to correct their plans in a timely manner, lengthens the list of plan operational violations that may be considered insubstantial (and, therefore, nondisqualifying), and extends relief to Sec.