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NeCede's

Maxim 6.8.13

An amendment [to the original instrument] is not a repeal. [Fundamental principles are not annulled by amendment.].

Source: Mass. Bond & Ins. Co. v. U.S., 352 U.S. 128, 139; Weisman, 7l Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An amendment modifies but does not repeal — the fundamental principles of the original instrument survive amendment unless expressly abrogated.

Where this applies

  • The Bill of Rights was amended by later amendments, but the fundamental rights in the original ten amendments were not repealed — amendment modifies without destroying.
  • A city council amends a zoning ordinance to add a new category, but the core provisions of the original ordinance remain in full force.
  • A corporate bylaw is amended to update the quorum requirement, but the fundamental governance structure established by the original bylaws survives the change.

Legal domains

Cite this maxim

NeCede Max. 6.8.13 — An amendment [to the original instrument] is not a repeal. [Fundamental principles are not annulled by amendment.]. — Mass. Bond & Ins. Co. v. U.S., 352 U.S. 128, 139; Weisman, 7l

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