severability

PURPOSE

Ensure that parts of statutes or provisions are severable such that, if one part is invalidated, the remaining parts of a statute or provision are not invalidated.

EXAMPLES

Red Cliff Band of Lake Superior Chippewa Indians (1991)

If any provision of this constitution shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

Crow Tribe (2001)

If any provision of this Constitution shall in the future be declared invalid by a Court of competent jurisdiction, the invalid portion shall be severed and the remaining provisions shall continue in full force and effect.

Grand Traverse Band of Ottawa and Chippewa Indians (1988)

If any provisions of this Constitution shall be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

Kickapoo Traditional Tribe of Texas (1989)

If any part of this Constitution is held by a Federal Court of competent jurisdiction to be invalid or contrary to the U.S. Constitution or federal law, the remainder of the constitution shall remain in full force and effect.

Miami Tribe (1995)

If any part of this Constitution is held invalid by the Federal Court to be unlawful, the remainder shall continue to be in full force and effect.

Yavapai-Apache Nation (1992)

ARTICLE XVII - SAVINGS CLAUSE. All enactments of the Tribe adopted before the effective date of this constitution shall continue in effect to the extent that they are consistent with this constitution.

ARTICLE XVIII – SEVERABILITY. If any provision of this constitution shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

KEY CONCEPTS

Be clear who can make part or all of a provision invalid (tribe, federal government, etc.)

POINTS TO CONSIDER

• A savings clause reaffirms laws adopted prior to the constitution