severability clause

Our bill contains an explicit severability clause, added only for emphasis.

Section 4 placed a severability clause so the remainder of the amendment would remain in force.

By including this language, known as a severability clause, the sponsors "practically anticipated" the court's decision, he said.

To avoid having entire laws invalidated over one provision that may be found unconstitutional by the court, legislation typically includes an explicit severability clause.

Further, because the law lacks a "severability clause," if part of the law is judged unconstitutional, so is the remainder.

This severability clause was necessary to secure the assent of the Imperial Estates, which wanted to hold on to their own legal and legislative powers.

Nevertheless the severability clause did not detract from the Carolina's unification of the legal system and its reformatory effect on criminal law was indisputable.

A severability clause enabled NRA to continue functioning to some degree, but the vast majority of its regulatory work was now no longer possible.

However, the statute had a severability clause so the court went through the severability test set forth in Hotel Employees & Rest.

The "severability clause" in the policy conditions may be intended to protect against this; however, in certain jurisdictions it may be ineffective.

The law’s authors shrewdly included a severability clause, ensuring that if a court strikes down or prohibits one part of the law, the rest remains in effect.

When Congress adopts legislation, sometimes it includes what is known as a severability clause that allows other provisions to stand in case the courts strike down another part.

But that is a shaky argument: The judicial norm of severability is applied to laws that do not have a severability clause.

The outcome: When Congress wrote the Affordable Care Act, it left out one crucial provision: A severability clause.

The Carolina succeeded in this despite a severability clause under which the Carolina only had subsidiary importance to the particular laws of the Imperial Estates.

"The ACA that emerged from the Senate and was subsequently forced through the House, however, contained the individual mandate but no severability clause.

A severability clause, common in contracts, says that if any terms of the deal are ruled illegal, the other terms remain in effect, in this case the easement.

Usually, when passing a complex law, Congress includes a provision known as a severability clause that says that if one part of the law is struck down, the rest can stand.

The Affordable Care Act, unlike some laws, does not have a "severability clause" instructing the courts that a provision can be separated from the rest of the provisions for judicial review.

The absence of a severability clause is further significant because the individual mandate was controversial all during theprogress of the legislation and Congress was undoubtedly well aware that legal challenges were coming.

Although the U.S. Supreme Court would rule Title I of NIRA unconstitutional, the severability clause in the Act enabled the PWA to survive.

However, "The lack of a severability clause in this case is significant because one had been included in an earlier version of the Act, but it was removed in the bill that subsequently became law."

A severable contract generally must contain a "severability clause" that allows certain clauses and aspects of the contract to be "severed" without affecting the validity of the rest of the contract.

Sometimes, severability clauses will state that some provisions to the contract are so essential to the contract's purpose that if they are illegal or unenforceable, the contract as a whole will be voided.

"Severance, in the absence of a severability clause, wreaks havoc on the Constitution's system of checks and balances and ignores the Separation of Powers doctrine," states the AAPS brief.