9 Alabama opinions name it 2 courts 1944–2015 0 in the last five years
The cases below were cited by Alabama courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Allen v. Walker Countygreen2 sentences1975“One of the specific provisions of the Act is a severability clause providing that, ‘If any part of the Act is declared invalid or unconstitutional, such declaration shall not effect that part which remains.’ “This court has recently expressed the rule as to separability clauses in Allen v. Walker County, 281 Ala. 156, 162 , 199 So.2d 854, 860 (1967): “ ‘We recognize that a separability clause shall be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So. 2d 810 ), that is if the invalid portion is not so intertwined 1975“One of the specific provisions of the Act is a severability clause providing that, ‘If any part of the Act is declared invalid or unconstitutional, such declaration shall not effect that part which remains.’ “This court has recently expressed the rule as to separability clauses in Allen v. Walker County, 281 Ala. 156, 162 , 199 So.2d 854, 860 (1967): “ ‘We recognize that a separability clause shall be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So. 2d 810 ), that is if the invalid portion is not so intertwined | 2 | 5 |
Opinion of the Justicesgreen2 sentences2015As Justices Merrill and Harwood stated in Opinion of the Justices No. 197, 284 Ala. 626, 630 , 227 So.2d 396, 400 (1969): “It would be an anomaly if a general bill could be converted into a local bill by amendments, and- after- passage as amended, be reconverted into a general bill by invocation of a separability clause. 2015As Justices Merrill and Harwood stated in Opinion of the Justices No. 197, 284 Ala. 626, 630 , 227 So.2d 396, 400 (1969): “It would be an anomaly if a general bill could be converted into a local bill by amendments, and- after- passage as amended, be reconverted into a general bill by invocation of a separability clause. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alabama. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Alabama State Federation of Labor v. McAdory
green
2 sentences1975“One of the specific provisions of the Act is a severability clause providing that, ‘If any part of the Act is declared invalid or unconstitutional, such declaration shall not effect that part which remains.’ “This court has recently expressed the rule as to separability clauses in Allen v. Walker County, 281 Ala. 156, 162 , 199 So.2d 854, 860 (1967): “ ‘We recognize that a separability clause shall be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So. 2d 810 ), that is if the invalid portion is not so intertwined 1975“One of the specific provisions of the Act is a severability clause providing that, ‘If any part of the Act is declared invalid or unconstitutional, such declaration shall not effect that part which remains.’ “This court has recently expressed the rule as to separability clauses in Allen v. Walker County, 281 Ala. 156, 162 , 199 So.2d 854, 860 (1967): “ ‘We recognize that a separability clause shall be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So. 2d 810 ), that is if the invalid portion is not so intertwined | 6 | 1967–1975 |
Hamilton v. Autauga County
green
2 sentences1983This Court stated: "`We recognize that a separability clause shall be given effect, where possible, to save legislative enactment . . ., that is if the invalid portion is not so intertwined with the remaining portions *Page 1034 that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have passed the enactment thus rendered meaningless. . . .'" 289 Ala. at 426 , 268 So.2d 30 . 1983This Court stated: "`We recognize that a separability clause shall be given effect, where possible, to save legislative enactment . . ., that is if the invalid portion is not so intertwined with the remaining portions *Page 1034 that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have passed the enactment thus rendered meaningless. . . .'" 289 Ala. at 426 , 268 So.2d 30 . | 1 | 1983–1983 |
San Ann Tobacco Company v. Hamm
green
2 sentences1974San Ann Tobacco Co. v. Hamm, 283 Ala. 397, 406 , 217 So.2d 803 (1969).” We consider this statement too general and too broad and a misconception of the doctrines of our cases on the subject. 1974San Ann Tobacco Co. v. Hamm, 283 Ala. 397, 406 , 217 So.2d 803 (1969).” We consider this statement too general and too broad and a misconception of the doctrines of our cases on the subject. | 1 | 1974–1974 |
State ex rel. Clarke v. Carter
neutral
2 sentences1967Clarke] v. Carter, 174 Ala. 266 , 56 So. 974, 977 ; Union Bank & Trust Co. v. Blan, State Treas., supra, [ 229 Ala. 180 , 155 So. 612 ]; Harper v. State, 109 Ala. 28 , 19 So. 857 .” We recognize that a separability clause should be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So.2d 810 ), that is, if the invalid portion is not so intertwined with the remaining portions that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have pa 1967Clarke] v. Carter, 174 Ala. 266 , 56 So. 974, 977 ; Union Bank & Trust Co. v. Blan, State Treas., supra, [ 229 Ala. 180 , 155 So. 612 ]; Harper v. State, 109 Ala. 28 , 19 So. 857 .” We recognize that a separability clause should be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So.2d 810 ), that is, if the invalid portion is not so intertwined with the remaining portions that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have pa | 1 | 1967–1967 |
Harper v. State
green
1 sentence1967Clarke] v. Carter, 174 Ala. 266 , 56 So. 974, 977 ; Union Bank & Trust Co. v. Blan, State Treas., supra, [ 229 Ala. 180 , 155 So. 612 ]; Harper v. State, 109 Ala. 28 , 19 So. 857 .” We recognize that a separability clause should be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So.2d 810 ), that is, if the invalid portion is not so intertwined with the remaining portions that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have pa | 1 | 1967–1967 |
Union Bank & Trust Co. v. Blan
green
2 sentences1967Clarke] v. Carter, 174 Ala. 266 , 56 So. 974, 977 ; Union Bank & Trust Co. v. Blan, State Treas., supra, [ 229 Ala. 180 , 155 So. 612 ]; Harper v. State, 109 Ala. 28 , 19 So. 857 .” We recognize that a separability clause should be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So.2d 810 ), that is, if the invalid portion is not so intertwined with the remaining portions that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have pa 1967Clarke] v. Carter, 174 Ala. 266 , 56 So. 974, 977 ; Union Bank & Trust Co. v. Blan, State Treas., supra, [ 229 Ala. 180 , 155 So. 612 ]; Harper v. State, 109 Ala. 28 , 19 So. 857 .” We recognize that a separability clause should be given effect, where possible, to save legislative enactment (Alabama State Fed. of Labor v. McAdory, 246 Ala. 1, at p. 25 , 18 So.2d 810 ), that is, if the invalid portion is not so intertwined with the remaining portions that such remaining portions are rendered meaningless by the extirpation, in which event it must be assumed that the legislature would not have pa | 1 | 1967–1967 |
Smith v. Court of County Commissioners
neutral
1 sentence1944There are numerous cases upon this question of separability, among them being Gibson v. State, 214 Ala. 38 , 106 So. 231 , to which counsel for defendants refer: Some reference is made to Smith v. Court of County Commissioners, 117 Ala. 196 , 23 So. 141 , to the effect that the constitutional provisions will only be ■passed upon when called in question by the party interested. | 1 | 1944–1944 |
Gibson v. State
green
2 sentences1944There are numerous cases upon this question of separability, among them being Gibson v. State, 214 Ala. 38 , 106 So. 231 , to which counsel for defendants refer: Some reference is made to Smith v. Court of County Commissioners, 117 Ala. 196 , 23 So. 141 , to the effect that the constitutional provisions will only be ■passed upon when called in question by the party interested. 1944There are numerous cases upon this question of separability, among them being Gibson v. State, 214 Ala. 38 , 106 So. 231 , to which counsel for defendants refer: Some reference is made to Smith v. Court of County Commissioners, 117 Ala. 196 , 23 So. 141 , to the effect that the constitutional provisions will only be ■passed upon when called in question by the party interested. | 1 | 1944–1944 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.