severability clause examples

... 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); in ... opinion, including consideration of the question of severability.          It is o ordered. . . ...

... power under the Commerce Clause and the Necessary and Proper. Clause. Pp. 547-561, 183 ... severability clause, 42 U.S.C. § 1303, determines the. appropriate ... supra, which is one of many examples of how. rewriting the Act alters its dynamics. . . ...

... and proper" to the execution of Congress's Commerce Clause power to regulate handgun sales. Where, as here, a law violates ...The Court declines to address the severability question briefed and argued by the parties: whether firearms ...700, 725 (1869), including (to mention only a few examples) the prohibition on any involuntary reduction or combination of a ...

..., are reserved to the States" -- and with the Guarantee Clause of Article IV, § 4 -- which directs the United States to ...Similar examples abound. See, e.g., Fullilove v. Klutznick , 448 U.S. 448, ... The standard for determining the severability of an unconstitutional provision is well established: unless it ...

...The statute itself contains a severability clause, and it is evident that, if the statute were invalidated ... state court had construed statute to incorporate the examples of sexual conduct mentioned in Miller ). A predecessor of the ...

...  (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 ...147 .         C. Severability.         The only remaining issue is whether our ...

...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 ...

... provisions is precluded by H. B. 2's severability clause. See Brief for Respondents 50-52. The severability ... pick any of the various examples provided by the dissent, see. post, at 42-43). See Brief ...

... residual clause, covering any felony that " otherwise. involves conduct ... some had robust severability provisions and others did not. In some States, the decision ...1160, 28 L.Ed.2d 404. As. examples of the latter category, he cited such rules as that. the ...

... 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 ...

... with the Appointments Clause. Our order granting review. invited the parties to address ... founding, and early examples of heterogeneity in agency. design bear that out. Financial ... . .          Severability. turns on whether the statute, minus any invalid ...

..., held that the statute violated the equal protection clause of the Fourteenth Amendment. P. 537.         2. The ... to the petitioner here, without reference to a severability clause, the question whether that clause would be so applied as ...A few examples will suffice. In Oklahoma, grand larceny is a felony. ...

...Otherwise, it should fall. For example, the existence of a so-called "severability clause" is strong, but not conclusive, evidence of Congress's intent. A severability clause, as its name ...(56) The ACA and the Omnibus Crime Control Act of 1990 are examples of this first type of omnibus bill. (57) . The second type of omnibus bill is important or ...

...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 ...

... L.Ed.2d 351 (1995), we held that the Double Jeopardy Clause did not bar a. prosecution for conduct that had provided the ... 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 ...

...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 ...

... Clause." Arlington Heights, 429 U.S. at 265. However, " [r]acial ...While the record also contains more. contemporary examples, see id. at 635, 636. & n.23, the district court relied too ... statute contains a severability clause, courts must take. special care to attempt to honor ...

... public charges," held to violate the Equal Protection Clause of the Fourteenth Amendment. Pp. 383-391.         (a) ... classes, rather than by focusing on selected, atypical examples. .          Ante at 55.        The analysis ... The statute in question, however, does not contain a severability clause, and the Wisconsin Legislature has made specific provision ...

...Unless Congress included explicit instructions about severability, such as a severability clause, "nothing in the language of [a] statute" will "authorize" a court's "distinction" between ...One of the most notable recent examples of the German Constitutional Court's incompatibility approach came in the Asylum Seekers' Case, ...

...29 U.S.C. 401-531. \86\ Stephen J. Ware, Arbitration Clauses, Jury-Waiver Clauses and Other Contractual Waivers of ... included such provisions also contained an ``anti-severability'' provision stating that, if the no-class-arbitration provision ... customers differently from unprofitable ones and citing examples of banks using systems to routinely allow customer service ...

...Failure to Include a Severability Clause 3. Behavioral Biases 4. Other Examples C. Ideology IV. ...

... some or all of the INA, the Establishment Clause of the First. Amendment, the Free Speech and Free ... examples of far broader delegations of discretion. Section. ... specific restrictions given the Proclamation’s severability. clause, to which courts should give effect if possible. ...

...' briefs (and major city television guides) provide examples of what seems likely to be such programming broadcast over both ...      Although the 1992 Act contains no express "severability clause," we can find the Act's "severability" intention in its ...