The bad parts of the statute are not judicially severable…
““The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.””
About This Quote
This interpretation was drafted with AI assistance. It is one reading of the quote, not the author's own explanation.
Statute’s harsh provisions are inseparable; declaring whole law invalid due to overbreadth is necessary.
In simple terms: All parts of a law may be invalid if overly broad.
Key Takeaway
Reject overbroad statutes.
Themes
law
constitutionality
overbreadth
judicial review
rights
Mood
analytical
formal
Type
legal
analytical
When to use this quote
- legislative drafting
- court challenges
- civil rights advocacy
Key Concepts
legal theory
public policy
Questions to Reflect On
- How can legislators avoid overbreadth?
- What safeguards protect against invalidation?
A Different Perspective
Broad statutes can be narrowed instead of fully invalidated.