What is the effect of a severability provision in a statute?

• A. The entire statute is invalid if any part is unconstitutional.
• B. The rest of the statute may remain valid if part is unconstitutional.
• C. The statute becomes void and unenforceable in all respects.
• D. The court must rewrite the statute.

Answer: (B)

Severability provisions are designed so that if one part of a statute is unconstitutional, the rest can still operate. With such a clause, a court can strike only the unconstitutional portion and keep the remainder in force, as long as the remaining provisions can function on their own and reflect what the legislature would have wanted. That’s why the rest of the statute may remain valid if part is unconstitutional. The other options describe all-or-nothing invalidation, complete voidness, or rewrit­ing the law, which severability clauses do not require or enforce.