Article Title
Two Tests of Severance: Procedural and Substantive Constitutional Violations and the Legislative Process in Missouri
Abstract
This Note argues that severance is justified in two situations. First, severance is justified where authorized by the legislature. Alternatively, severance is justified when innocent third parties rely on the passage and implementation of a law in good faith, and invalidation of the law would have collateral effects that outweigh the need to ensure consistent legislative practice. Part II of this Note analyzes the facts and holding of Missouri Roundtable. Part III explores the development of severance as a remedy for procedural constitutional violations, particularly in the context of the single-subject rule. Part IV examines the court’s rationale in Missouri Roundtable and analyzes the concurrence by Judge Zel Fischer. Lastly, Part V argues how single subject violations invalidate the entirety of a bill, except in situations where other interests outweigh the complete invalidation of a law on an equitable, case-by-case basis
Recommended Citation
Jonathon Whitfield,
Two Tests of Severance: Procedural and Substantive Constitutional Violations and the Legislative Process in Missouri,
79 Mo. L. Rev.
(2014)
Available at: https://scholarship.law.missouri.edu/mlr/vol79/iss3/10