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LSDefine
Simple English definitions for legal terms
severable statute
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A quick definition of severable statute:
A severable statute is a law that can still be enforced even if part of it is found to be unconstitutional. This means that if a court decides that one part of the law is not allowed, the rest of the law can still be used. It's like having a cake with one bad piece - you can still eat the rest of the cake without that one piece.A more thorough explanation:
Definition: A severable statute is a law that remains valid and enforceable even if a part of it is declared unconstitutional.
Example: A state passes a law that requires all public school students to recite a prayer every morning. The law is challenged in court, and the court declares that the prayer requirement is unconstitutional because it violates the separation of church and state. However, the rest of the law, such as the requirement for students to stand during the pledge of allegiance, remains valid and enforceable.
Explanation: In this example, the court has declared a part of the law unconstitutional, but the rest of the law is still valid and enforceable. This is because the law is severable, meaning that the unconstitutional part can be separated from the rest of the law without affecting its validity. This allows the remaining parts of the law to continue to be enforced.