Trondheim on "Bono" (user search)
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
May 28, 2024, 01:33:16 PM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  Atlas Fantasy Elections
  Atlas Fantasy Elections (Moderators: Southern Senator North Carolina Yankee, Lumine)
  Trondheim on "Bono" (search mode)
Pages: [1]
Author Topic: Trondheim on "Bono"  (Read 851 times)
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,144
United States


« on: February 15, 2005, 07:26:15 PM »

Its incredibly bad jurisprudence to think that one part of a Law being unconstitutional causes another part to be automatically unconstitutional. Off hand I can think of no real US case where a separable Law was struck when only half was unconstitutional. If I bothered to check I doubt I could find one. In this case you were lucky since the Act was non-separable because everything was dependent on people qualifying for the program of clause 1/3.

Most complicated US laws include in them a section named Seperability  that explicitly states that the various parts of it are to be considered seperable (or in rare cases that some parts ate seperable while others are not seperable.)  It would seem like a real time and ink saver if the status of seperability was the default but that seems to not be the case under US law.
Logged
Pages: [1]  
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.016 seconds with 9 queries.