One canon of statutory construction holds that if part of a statute is held unconstitutional, the remaining parts are to remain viable as long as it is logical to do so.

Question

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This principle is known as "severability," which allows for the remaining portions of a statute to remain in effect if they can stand independently and it appears that the legislature would have intended for the statute to continue in effect without the unconstitutional provisions.

One Canon of Statutory Construction Holds That If Part of a Statute