Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Code is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Code which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Code.
History.
Acts 1987, No. 267, § 1.
Research References
Ark. L. Rev.
Killenbeck, Nothing That We Can Do? Or, Much Ado About Nothing? Some Thoughts on Bates v. Bates, Equity, and Domestic Abuse in Arkansas, 43 Ark. L. Rev. 725.
Case Notes
Application.
Where the religious exemption in § 6-18-702 was found to violate the First Amendment of the U.S. Constitution, the proper remedy was to “sever” the exemption from the remainder of the immunization statute. Boone v. Boozman, 217 F. Supp. 2d 938 (E.D. Ark. 2002).
Cited:
Hutton v. Savage, 298 Ark. 256, 769 S.W.2d 394 (1989); Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906 (2013).
Notes of Decisions
Cited in 6
cases, 1989–2014 · leading case: Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906.
Jackson v. Norris, 2013 Ark. 175, 426 S.W.3d 906. · cites it 2דSee Ark.Code Ann. § 1-2-117 (Repl.2008) (providing that if a portion of the Code is “declared or adjudged to be invalid or unconstitutional,” then “such declaration or adjudication shall not affect the remaining portions of this Code which shall remain in full force and effect…”
Hutton v. Savage, 769 S.W.2d 394 (Ark. 1989). · cites it 4דSee also Ark.Code Ann. § 1-2-117 (1987). Since the remaining portions of Act 14 of 1987 are complete and capable of execution, they are not affected by this opinion.”
Whiteside v. State, 2013 Ark. 176, 426 S.W.3d 917. · cites it 2דSee Ark.Code Ann. § 1-2-117, § 1-2-205 (Repl.”
McCarthy v. Boozman, 212 F. Supp. 2d 945 (W.D. Ark. 2002). · cites it 2דSee also Ark.Code Ann. § 1-2-117 (in the event any section or subsection of the Code is declared unconstitutional, the remaining portion of the Code shall remain in full force and effect as if the portion adjudged unconstitutional was not originally a part of Code).”
Boone v. Boozman, 217 F. Supp. 2d 938 (E.D. Ark. 2002). “Specifically, Arkansas Code Annotated § 1-2-117 provides: Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter, section, subsection, subdivision, paragraph, item, sentence, clause, phrase, or word of this Code is declared…”
Edwards v. Beck, 8 F. Supp. 3d 1091 (E.D. Ark. 2014). “The well-established severability analysis applied by the Supreme Court of Arkansas comports with the mandate of Arkansas Code Annotated § 1-2-117, which provides: Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter,…”
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