Cannabis Ruderalis

How this document has been cited

Respondent relies on a statement in Lewis' Sutherland on Statutory Construction (Vol. 1, 2d ed., Sec. 306), where it is said: "If, by striking out a void exception, proviso or other restrictive clause, the remainder, by reason of its generality, will have a broader scope as to subject or territory, its operation is not in accord with the legislative intent, and the whole would be …
Where the general provisions of a statute are constitutional but it contains an unconstitutional exception, the tendency is to sustain the statute and invalidate only the exception, particularly where there is a severability clause
- in Summary of California law and 4 similar citations
The system is applicable to the great majority of the city's employees, and the comparatively few exemptions could be severed without destroying the general plan
- in Butterworth v. Boyd, 1938 and 3 similar citations
—"... the power of the court to declare a statute unconstitutional is one of the utmost delicacy in its exercise and should not be asserted to strike down the statute unless there is no proper basis for its reconciliation with the organic law."
- in California Law Review and 4 similar citations
This ordinance contains the usual saving clause which provides, that in the event any part thereof be declared invalid the remaining parts shall not be affected by such invalidity.[7] Where the validity of an ordinance is attacked upon the ground that a part thereof is unconstitutional, and a severability clause is included therein, the court may consider such a clause as a …
On the contrary, however, where the invalid portions of the statute are so connected with the rest of the statute as to be inseparable, it is clear that the entire act must fall
- in In re Portnoy, 1942 and one similar citation
As thus interpreted, the constitutionality of the act is supported by competent authorities and the judgment of the trial court returning the four machines in question, rendering judgment for their detention, and that defendant bear his own costs, was authorized
- in Sharpensteen v. Hughes, 1958 and 2 similar citations
Defendants' contention that the state has no standing to attack the validity of the amendment cannot be sustained.[3] It has generally been held that an invalid amendment to a valid statute is ineffective for any purpose
—upheld an act imposing a State license tax on contract motor carriers, providing for the appropriation of half of the tax so collected to the State Treasury and the appropriation of the other half to the counties to be devoted exclusively to the maintenance and repair of public highways within the county, on the ground that the purpose of the appropriation was State-wide and …
- in Organizational and Financial Aspects of the Proposed San Francisco Bay Area … and 2 similar citations
Although such language cannot be read as an inexorable command it is well settled that "The use of such language may rightly be considered by the court as a declaration of intention on the part of the legislature that in so far as lay within its power a separable invalid portion of the act should not destroy the whole

Cited by

863 P. 2d 694 - Cal: Supreme Court 1993
328 P. 2d 54 - Cal: Court of Appeal, 4th Appellate Dist. 1958
41 Cal. 2d 719 - Cal: Supreme Court 1953
6 Cal. 2d 621 - Cal: Supreme Court 1936
6 Cal. 2d 43 - Cal: Supreme Court 1936
28 Cal. 2d 536 - Cal: Supreme Court 1946

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