Tuesday, April 15, 2025

Effectuate

Effectuate (pronounced ih-fek-choo-yet)

To bring about; give effect to; cause to happen; accomplish; carry out (a wish, order, plan etc).

1570–1580: From the Medieval Latin effectuatus (brought to pass), the past participle of the Renaissance Latin effectuare, the construct being effectu- (stem of effectus (effect) + -atus.  It’s assumed the Medieval Latin was influenced by the Middle French effectuer.  The Latin suffix -ātus was from the Proto-Italic -ātos, from the primitive Indo-European -ehtos.  It’s regarded as a "pseudo-participle" and perhaps related to –tus although though similar formations in other Indo-European languages indicate it was distinct from it already in early Indo-European times.  It was cognate with the Proto-Slavic –atъ and the Proto-Germanic -ōdaz (the English form being -ed (having).  The feminine form was –āta, the neuter –ātum and it was used to form adjectives from nouns indicating the possession of a thing or a quality.  In biology, the noun effector (plural effectors) describes (1) any muscle, organ etc. that can respond to a stimulus from a nerve, (2) the part of a nerve that carries a stimulus to a muscle etc or (3) any small molecule that effects the function of an enzyme by binding to an allosteric site (all some sort of actuator).  Effectuate & effectuating are verbs, effectuator is a noun, effectuation is a noun and effectuated is a verb & adjective; the noun plural is effectuators.

In his A Dictionary of Modern English Usage (1926), Henry Fowler (1858–1933) summed up the cluster of “effect” words with his usual efficiency: Historically, effective, effectual, efficacious & efficient all meant “having an effect, but use varied with both different applications and some often disregarded shades of meaning.  Effective means “having a definite or desired effect, existing in fact rather than theoretically, coming into operation”.  Efficacious should be applied only to things and has long been popular in medicine (treatments, drug regimes etc) and means “certain to have or usually having the desired effect”.  Efficient applies to agents or their actions or to instruments etc, meaning “capable of producing the desired effect, not incompetent or unequal to a task.  Effectual applies to actions apart from the agent and means not falling short of the complete effect aimed at while effective applies to the thing done (or its doer as such) and means having a high degree of effect. 

Something is effectual if the intended result is produced and there’re are degrees of effectiveness, the comparative being “more effectual”, the superlative “most effectual”, and as early as the early sixteenth century the most formal (and still popular) way of expressing that was to suggest something has been efficacious (the comparative “more efficacious”, the superlative “most efficacious”).  Historically, efficacious was a synonym of effective but the latter has been co-opted for many purposes so efficacious gained a career as a “decorative word” of the “dinner party” type.  The act referenced is one of “effectuation” (the act of effectuating) and the antonym is inefficacious.  One who effects the effectuation is an effectuator.  So, effectuate means “to cause something to happen" or “to bring about an effect” and it entered English in the early 1600s with a formal or legal tone, something retained to this day; the legal connection is the distinction between “facilitate” (make it possible for something to be effectuated) and effectuate (do something which has earlier been facilitated).  It’s a useful distinction for lawyers to draw and something like the way cosmologists differentiate between a “point in time” and a “point in space”, something which apparently becomes of increasing significance the further one travels (in theory) from Earth.  To most of us that’s the difference between “when” and “where” but cosmologists understand there’s some overlap between the two.

Google ngram: Effectuate's pattern of use, 1800-2022.  Never a word in common use, it has never gone away and has apparently low been a favorite in essays by students of law and political science.

Because of the way Google harvests data for their ngrams, they’re not literally a tracking of the use of a word in society but can be usefully indicative of certain trends, (although one is never quite sure which trend(s)), especially over decades.  As a record of actual aggregate use, ngrams are not wholly reliable because: (1) the sub-set of texts Google uses is slanted towards the scientific & academic and (2) the technical limitations imposed by the use of OCR (optical character recognition) when handling older texts of sometime dubious legibility (a process AI should improve).  Where numbers bounce around, this may reflect either: (1) peaks and troughs in use for some reason or (2) some quirk in the data harvested.

Karoline Leavitt, the White House, 2025.

Definitely on planet Earth (though sometimes accused of existing in a parallel reality of “alternative facts”), the White House recently introduced many to the word “effectuate”, Karoline Leavitt (b 1997; White House press secretary since 2025) explaining that while the USSC (US Supreme Court) had ruled it was the administration's responsibility to “facilitate the return” of a migrant mistakenly sent to a prison in El Salvador, but “not to effectuate the return.  That is a reasonable interpretation of the practicalities and not mere legal sophistry because while the court’s unanimous ruling means is the administration has to “make possible” the return of the party. It seems not to impose an obligation actually to make the travel arrangements.

However, this exchange between the two “co-equal” branches of government is merely emblematic of a fundamental dispute in which the Trump administration does not wish to acknowledge the courts may intervene in its efforts to effectuate, on a truly grand scale, mass deportation.  At this stage the White House seems to have decided not to engage in outright defiance and pursue instead strategy of “paralysis by analysis”.  The Supreme Court upheld an order from the US District requiring the DoJ (Department of Justice) to submit plans “to facilitate and effectuate” the return but the DoJ asked the hearing be delayed so it might “evaluate” the USSC’s ruling.  After further extensions of the deadline were granted, the DoJ asserted the court had set an “impractical” deadline and had provided “insufficient” time for plans to be drawn up, adding the department didn’t fully understand the order, given the court had not clarified what it means to “facilitate” or “effectuate” the return.  The USSC refrained from suggesting the DoJ’s lawyers consult a dictionary and instructed the District Court to issue a clarification of “the intended scope of the term ‘effectuate’” but did confirm the order to “facilitate” the return was valid.

There is nothing new in tensions between an administration wanting to do things (often stuff claimed to enjoy an electoral mandate) and courts which insist things, however popular, must be effectuated in accord with the constitution and as long ago as 2019 Donald Trump (b 1946; US president 2017-2021 and since 2025) had discussed Article II (The Executive) of the constitution, claiming it meant “…I have the right to do whatever I want as president.  Ominous as that may sound, especially in the light of the USSC’s extraordinary 2024 ruling in the matter of presidential immunity from prosecution, it seems still not quite at the point either of that asserted by Richard Nixon (1913-1994; US president 1969-1974 and a trained lawyer) who held “if the president does it, it can’t be illegal” or the state of law in the Third Reich (1933-1945) which by 1943 (at the latest) had degenerated to the point where law had become “what the Führer says it is”.

In democratic societies, respect for the rule of law and constitutions are important and there have been many states in which orders from courts habitually are defied or simply ignored.  The respect is vital because in terms of enforcement of will the difference between the executive and judicial institutions truly is striking; one side with police forces, an army, navy & air force and the other with word processors and shelves of books containing statutes and precedents.  In terms of raw power therefore, all the courts have is moral authority and the expectation others will respect the law while, if so minded, an executive can be of the “…and how many divisions has he got?” school.

Lindsay Lohan and her lawyer in court, Los Angeles, December 2011.

That school of thought has often been ascribed to Andrew Jackson (1767–1845; US president 1829-1837) who is reputed to have said of a judgment by the chief justice (John Marshall (1755–1835; chief justice of the US 1801-1835) with which he disagreed: “John Marshall has made his decision; now let him enforce it!  The “quotation” was not revealed until some two decades after Jackson’s death when it appeared in Horace Greeley’s (1811–1872) The American Conflict: A History of the Great Rebellion in the United States of America, 1860–1864 (in two volumes, 1864 & 1866) and most think it apocryphal.  Greeley was usually informative and often entertaining and while that exact sentence may never has passed the president’s lips, historians generally agree it was an accurate paraphrase of the sentiments he at the time expressed to many and, had the court requested the assistance of the executive in enforcing the order, it’s not certain Jackson would have followed constitutional precedent and complied.  As things turned out, no request was ever issued so there never was a “constitutional crisis” but the matter does emphasize how vital it is for the executive (which alone possesses the means of force) to respect the role of the courts which have only a moral authority.

No comments:

Post a Comment