18 U.S.C. § 928 — Separability
submitted 58 years ago by Pub. L. 90-351 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 44 words · no verdicts yet
If a court strikes down part of this chapter, the rest of the chapter still applies. A provision found invalid for one person can still apply to others in different situations.
This section is a severability clause. It explains what happens if a court strikes down part of this chapter. A court might find one provision invalid. Or a court might find that applying a provision to one person or situation is invalid. Either way, the rest of the chapter still stands. The invalid part does not bring down the whole chapter. The other provisions keep working as written. This rule also protects how the invalid provision applies to other people. A provision might be invalid only for one person or one set of facts. It can still apply to everyone else in a different situation. A narrow problem with the law does not create a broad problem. A court ruling on one case does not erase a provision everywhere else. The rest of the chapter stays in force. The rest of that provision's reach stays in force too. This keeps the law working even if part of it runs into trouble later.
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If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.
Source credit: (Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226.)
- 1968Enacted · Pub. L. 90-351 · 82 Stat. 234
- 1968Amended · Pub. L. 90-618 · 82 Stat. 1226
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