Corpus ID: 155311899

Severability as Judicial Lawmaking

  title={Severability as Judicial Lawmaking},
  author={David H. Gans},
Severability doctrine raises fundamental questions about the judicial role in constitutional adjudication and the institutional relationship between courts and legislatures. It permits a court to excise a statute's unconstitutional clauses and applications and leave the remainder in force, effectively rewriting the statute to save it. Yet, the doctrine has long been viewed as a matter of statutory interpretation to be resolved by examining legislative intent, making it easy to obscure critical… Expand
Stepping on Congress