severability clause examples

352 results for severability clause examples

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  • Shelby County v. Holder, 570 U.S. (2013)

    ...Outside the strictures of the Supremacy Clause, Statesretain broad autonomy in structuring their governmentsand ...15. The compilation presents countless "examples of flagrant racial discrimination" since the last ... warranted here.9 The VRA's exceptionally broad severability provisionmakes it particularly inappropriate for the Court to ...

  • State of Florida, et al v. U.S. Department of HHS, et al, (11th Cir. 2011)

    ... and it exceeded Congress’s power under the Commerce Clause and the Necessary and Proper Clause. The district court also ... the individual mandate is unconstitutional and its severability holding. The state plaintiffs crossappeal the district court’s ...We list examples of the major reforms. . 1. Guaranteed Issue. Insurers must ...

  • State of Florida, et al v. U.S. Department of HHS, et al, (11th Cir. 2011)

    ... and it exceeded Congress’s power under the Commerce Clause and the Necessary and Proper Clause. The district court also ... the individual mandate is unconstitutional and its severability holding. The state plaintiffs crossappeal the district court’s ...We list examples of the major reforms. . 1. Guaranteed Issue. Insurers must ...

  • Clinton v. City of New York, 524 U.S. 417 (1998)

    ... the Act's cancellation procedures violate the Presentment Clause, Art. I, § 7, cl. 2. This Court again expedited its review. ...We note, however, that the Act contains no severability clause; a severability provision that had appeared in the Senate ...Examples of appropriations committed to the discretion of the President ...

  • Statutory Interdependence in Severability Analysis

    According to conventional wisdom, when a court rules a statutory provision unconstitutional, it must sever that provision or strike down the entire statute. This understanding is incomplete. In practice, courts may engage in compound severance: invalidating additional, otherwise constitutional provisions of the statute without striking down the entire statute. They reason that the degree of...

    ...Sources of evidence could include an inseverability clause, an inference from the structure of the statute, or legislative history.23 If statutory ...There are many examples that aptly illustrate how statutory-interdependence determinations can be challenging.30 One such ...

  • Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535 (1942)

    ... failure to meet the requirements of the equal protection clause of the Fourteenth Amendment. . We do not stop to point out all f the inequalities in this Act. A few examples will suffice. In Oklahoma grand larceny is a felony. Okl.St. Ann. .... It is true that the Act has a broad severability clause. [Footnote 3] But we will not endeavor to determine ...

  • United States v. Booker, 543 U.S. ___ (2005)

    ...S. 389 (1995), we held that the Double Jeopardy Clause did not bar a prosecution for conduct that had provided the basis ... decide whether or to what extent, "as a matter of severability analysis," the Guidelines "as a whole" are "inapplicable .. such ... . Several examples help illustrate the point. Imagine Smith and Jones, each of whom ...

  • Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)

    ... by the substantive component of the Due Process Clause of the Fourteenth Amendment. Neither the Bill of Rights nor the ...Similar examples may be found in Turner v. Safley, 482 U. S. 78 , 94-99 (1987); ... opinion, including consideration of the question of severability. It is so ordered. 902. Appendix to opinion of O'CONNOR, KENNEDY, ...

  • Roe v. Wade, 410 U.S. 113 (1973)

    ... and other interests involved violate the Due Process Clause of the Fourteenth Amendment, which protects against state action ...Examples of permissible state regulation in this area are requirements as ..."SECTION 5. [Severability.] If any provision of this Act or the application thereof to any ...

  • Judicial Review

    § 17.1 Foundations of . § 17.1.1 The Nature and Basis of . § 17.1.2 During the Original Natural Law Era: 1789-1873. § 17.1.2.1 Marbury v. Madison versus the Tripartite Theory of . § 17.1.2.2 Martin v. Hunter's Lessee and Federal Court Supremacy. § 17.1.3.1 During the Formalist Era: 1873-1937. § 17.1.3.2 During the Holmesian Era: 1937-1954. § 17.1.3.3 During the Instrumentalist Era: 1954-1986.

    ... ordain and establish this Constitution") and the Supremacy Clause of Article VI, cl. 2 ("This Constitution . . . shall be the ...Madison . Further examples of historical evidence supporting Marbury , including evidence ... . § 17.4.2 The Severability Issue. If a particular provision in a statute is determined by a ...

  • Printz v. United States, 521 U.S. 898 (1997)

    ... and proper" to the execution of Congress's Commerce Clause power to regulate handgun sales. Where, as here, a law violates ...Pp. 933-934. 3. The Court declines to address the severability question briefed and argued by the parties: whether firearms ... by observing that "other numbers of The Federalist give examples" of the "essential agency" of state executive officers. Post, at ...

  • Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172 (1999)

    ...Assuming, arguendo, that the severability standard for statutes-whether the legislature would not have ...It argues, citing examples, that since the United States "had the sophistication and ...S., at 562 (quoting the reservation clause). The Court characterized the Senecas' claim as one "sought to be ...

  • Buckley v. Valeo, 424 U.S. 1 (per curiam) (1976)

    ... (a) Subtitle H is not invalid under the General Welfare Clause but, as a means to reform the electoral process, was clearly a ... can never be reliably ascertained, the deeply disturbing examples surfacing after the 1972 election demonstrate that the problem is ... C. Severability. The only remaining issue is whether our holdings invalidating ...

  • Clark v. Martinez, 543 U.S. ___ (2005)

    ...L. J. 1945, 1960-1961 (1997) (providing examples of cases where the Court construed a statute narrowly to avoid a ...After all, under the severability clause, if Zadvydas had held unconstitutional the indefinite ...

  • The Collateral Consequences of Ex Post Judicial Review

    Judicial review produces disruptions to democratic preferences that are not constitutionally required. Judicial review produces these disruptions because the law the Court declares unconstitutional is not automatically replaced with the laws that policymakers would have enacted had they known their preferred policy was unconstitutional. The Court is institutionally ill-equipped to address these...

    ...It provides a number of concrete examples of these democratic disruptions and demonstrates that they are ...It is worth noting that severability, the doctrine the Court most commonly invokes after it has held a ... in a slightly different way, using Congress's spending clause power to limit minors' ability to access such materials at public ...

  • Regan v. Time, Inc., 468 U.S. 641 (1984)

    ... intent, but the presumption is in favor of severability. Here, it appears that the policies Congress sought to advance by ... to excise certain offending words from the integrated clause in which they appear and leaves the rest of the statutory ...6, that the examples given by the Committees of people who might wish to use ...

  • Reno v. American Civil Liberties Union, 521 U.S. 844 (1997)

    ... preserve the CDA's constitutionality by honoring its severability clause, § 608, and by construing nonseverable terms narrowly, is ...Appellees cite no examples of speech falling within this universe and do not attempt to ...

  • Sen. Robert Menendez Holds a Hearing On Convention On the Rights of Persons with Disabilities, Panel 2

    ... whether for federalism purposes and for purposes of severability (ph), to take two examples that were raised earlier with Senator ...We need to recall that Congress used its regular Commerce Clause and other powers to enact the ADA. And I'm simply suggesting it ...

  • Non-Compete Agreements With Employees

    ...Examples include a promise to provide an employee with confidential ... permit modification only if the agreement contains a severability clause. Even when a non-compete is modified, the fact that the ...

  • Promotion Of Arbitration In The 21st Century

    ... relief under the Federal Arbitration Act, to name a few examples of the rulings. Often the Court majority has justified a decision ... agency or was otherwise asked to invalidate an arbitration clause on the other hand, it chose arbitration or to uphold the clause. ...395 (1967). This is what is referred to as the "severability" doctrine. As a result of the severability doctrine, a party may ...

  • Fight Fraud Within Exemption: Advocating a Properly Tailored Interpretation of the § 1702 Evasion Clause of the Interstate Land Sales Full Disclosure Act

    Under the Interstate Land Sales Full Disclosure Act’s ("ILSA") exemption provisions, developers are not exempted from the statute if they act "for the purpose of eva[ding]" ILSA. Accordingly, the proper standard to evaluate whether a developer has acted to "eva[de]" ILSA is critical in exemption determination, and the Eighth and Eleventh Circuits are split regarding...

  • McConnell v. Federal Election Comm'n, 540 U.S. 93 (2003)

    ...For instance, the record is replete with examples of national party committees' peddling access to federal ... that BCRA Title I exceeds Congress' Election Clause authority to "make or alter" rules governing federal elections, ...Relying on BCRA's severability provision,80 the court held that invalidation of the executory ...

  • BENITO ACOSTA V. CITY OF COSTA MESA, (9th Cir. 2012)

    ...-61; (2) a facial challenge to § 261 under the free speech clause of the California Constitution; (3) a request for a declaration ..., subsection (b)(6) is merely one of many, non-exclusive, examples of how someone can act, under subsection (a), in a "disorderly, ..., 7 Although neither party briefed the issue of severability, the question of severability is an inherent part of the process ...

  • The no-reading problem in consumer contract law.

    ...L. Rev. 1051 (1966). . (10.) For examples of the duty to read applied in the modern consumer contract ... who is unaware of his insurance policy's exclusion clause incorrectly assumes that he is covered for more categories of ... to hold when contracts are disaggregated given a severability assumption. The assumption holds that the consumer's demand for a ...

  • C & A Carbone, Inc. v. Clarkstown, 511 U.S. 383 (1994)

    ...Held: The flow control ordinance violates the Commerce Clause. Pp. 389-395. (a) The ordinance regulates interstate commerce. ...Section 8. Repealer; Severability. Ordinances and local laws or parts of ordinances or local laws ...417. ing laws 5 as classic examples of the economic protectionism the dormant Commerce Clause ...