12 U.S.C. § 212 — Right to amend; separability
submitted 93 years ago by ch. 1 to r/title-12-BANKS-AND-BANKING · 52 words · no verdicts yet
This law reserves Congress's power to change or repeal the underlying Act. If part of the Act is held invalid for someone, the rest of the Act still stands. That invalid part still applies to other people or situations it covers.
This section is a single, undivided rule with two parts.
First, it reserves the right to alter, amend, or repeal "this Act" — expressly keeping that power available, rather than giving it up.
Second, it contains a separability (severability) clause. If any provision of the Act, or the way that provision applies to a particular person* or circumstance, is held invalid, the rest of the Act is not affected by that. The provision keeps applying to other persons or circumstances it covers, as long as those other applications were not the ones held invalid.
The section does not identify which "Act" it refers to beyond calling it "this Act," and it does not say who has the authority to hold a provision invalid.
The right to alter, amend, or repeal this Act is expressly reserved. If any provision of this Act, or the application there of to any person* or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
Source credit: (Mar. 9, 1933, ch. 1, title V, § 502, 48 Stat. 7.)
- 1933Enacted · Act of Mar. 9, 1933, ch. 1 · 48 Stat. 7
A history note hasn’t been published yet. The record shows enactment by ch. 1 on 1933-03-09.
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