Legal Definitions - severable statute

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.