That power is to no purpose which never comes into act, or which is never exercised.

Explanation

(English-origin maxim.) A delegated power that is never actually exercised is as if it did not exist — cite this to argue that an authority claimed but never used has been effectively abandoned or waived.

Where this applies

• A state constitution grants the legislature the power to call a constitutional convention, but the legislature has never once exercised that power in 200 years — a challenger argues the dormant power is effectively defunct.
• A city charter gives the mayor veto power over council ordinances, but no mayor has ever used the veto, and the council argues the power has been abandoned through permanent disuse.
• A statute authorizes an agency to impose fines for environmental violations, but the agency has never imposed a single fine in thirty years, and a regulated company argues the unused power cannot suddenly be invoked.