ianargent (ianargent) wrote,
ianargent
ianargent

Should severability clauses be constitutional?

There is a common dodge in federal legislation where a clause is inserted that hilds that, should any part of the legislation be found unconstitutional, the rest of the legislation is still in force. I think this is a bit of a violation of the federal oath to "uphold the constitution"; in that it presumes that a law may be found unconstitutional, and thus that the legislature may pass an unconstitutional law...
Tags: politics
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