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6 U.S.C. § 102Construction; severability

submitted 24 years ago by Pub. L. 107-296 to r/title-6-DOMESTIC-SECURITY · 83 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section is a severability clause for this Homeland Security Act chapter. If a court finds part of the chapter invalid, the rest of the chapter stays in effect. Courts must interpret any shaky provision to give it as much legal effect as the law allows.

This section is not split into lettered parts, but it makes two connected points. First, if a court finds any part of this chapter invalid or unenforceable — either on its own terms or as applied to a particular person or situation — the court must read that part in whatever way gives it the most legal effect the law allows. Second, if a court instead finds a part completely and totally invalid or unenforceable, that one part is treated as separable from the rest of the chapter. The rest of the chapter, and how it applies to other people or other, different situations, is not affected.
the actual law source: uscode.house.gov ↗public domain

Any provision of this chapter held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be construed so as to give it the maximum effect permitted by law, unless such holding shall be one of utter invalidity or unenforceability, in which event such provision shall be deemed severable from this chapter and shall not affect the remainder thereof, or the application of such provision to other persons not similarly situated or to other, dissimilar circumstances.

Source credit: (Pub. L. 107–296, § 3, Nov. 25, 2002, 116 Stat. 2141.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-296 · 116 Stat. 2141

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-296 on 2002-11-25.

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