Legislative glossary
Severability clause
Definition
Drafting language saying that if a court strikes one part of the law, the rest still stands. Standard practice in any bill expecting a constitutional challenge.
Why it matters
A severability clause says: if a court strikes down one piece of this law, the rest survives. It's standard armor for any bill expecting constitutional challenge: without it, a single doomed provision can take the whole statute down. Courts sometimes sever even without the clause, but drafters who expect litigation don't leave it to chance.
In the game
Severability is one of The Bill to Law Game's drafting options: cheap insurance that matters in the endgame scenarios where your law's fate is decided after passage.
Related terms
Comes up alongside