7 U.S.C. § 1390 — Separability
submitted 88 years ago by ch. 30 to r/title-7-AGRICULTURE · 210 words · no verdicts yet
If a provision of this chapter is invalid, the rest generally remains effective. The section gives additional severability rules for congressional powers, marketing quotas, and referendums.
If any provision of this chapter, or the application thereof to any person* or circumstance, is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons or circumstances, and the provisions of chapter 3B of title 16, must not be affected thereby. Without limiting the generality of the foregoing, if any provision of this chapter should be held not to be within the power of the Congress to regulate interstate and foreign commerce*, such provision must not be held invalid if it is within the power of the Congress to provide for the general welfare or any other power of the Congress. If any provision of this chapter for marketing quotas for any commodity should be held invalid, no provision of this chapter for marketing quotas for any other commodity must be affected thereby. If the application of any provision for a referendum should be held invalid, the application of other provisions must not be affected thereby. If by reason of any provision for a referendum the application of any such other provision to any person or circumstance is held invalid, the application of such other provision to other persons or circumstances must not be affected thereby.
If any provision of this chapter, or the application thereof to any person* or circumstance, is held invalid, the validity of the remainder of the chapter and the application of such provision to other persons or circumstances, and the provisions of chapter 3B of title 16, shall not be affected thereby. Without limiting the generality of the foregoing, if any provision of this chapter should be held not to be within the power of the Congress to regulate interstate and foreign commerce*, such provision shall not be held invalid if it is within the power of the Congress to provide for the general welfare or any other power of the Congress. If any provision of this chapter for marketing quotas with respect to any commodity should be held invalid, no provision of this chapter for marketing quotas with respect to any other commodity shall be affected thereby. If the application of any provision for a referendum should be held invalid, the application of other provisions shall not be affected thereby. If by reason of any provision for a referendum the application of any such other provision to any person or circumstance is held invalid, the application of such other provision to other persons or circumstances shall not be affected thereby.
Source credit: (Feb. 16, 1938, ch. 30, title III, § 390, 52 Stat. 69.)
- 1938Enacted · Act of Feb. 16, 1938, ch. 30 · 52 Stat. 69
A history note hasn’t been published yet. The record shows enactment by ch. 30 on 1938-02-16.
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