Framing the Dialogue

Archive for February, 2011

Severable (sev-er-a-bul)

Severable is defined as:  Capable of being severed or separated; separable into legally distinct rights or obligations, as a contract.

Synonyms: divisive, divisible, separable

What does Judge Roger Vinson think:

“Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

Can you give some examples?

Example 1:  When contracts are written, especially lengthy ones, there are many components to that contract.  If a conflict occurs between the parties over or an outside person challenges one component of the agreement it puts the remainder of the contract in jeopardy.  Attorneys often include a severability clause into the agreement stating that if one part of the agreement is deemed null/void then the rest of the contract shall remain.  As an example: