A severable contract generally must contain a " severability clause " that allows certain clauses and aspects of the contract to be " severed " without affecting the validity of the rest of the contract.
32.
Turning to the question of remedy, the Court of Appeals agreed with the District Court that s501 ( b )'s application to Executive Branch employees is severable from the remainder of the statute.
33.
In written comments on our draft report, NIH concurred with the findings and agreed that the Contract is severable and should have been funded with the appropriation that was current when the services were performed.
34.
The Court found the " take title " provision to be severable, and, noting the seriousness of the " pressing national problem " being addressed, allowed the remainder of the Act to survive.
35.
Hence, the " blue pencil " test may still apply to rescue a provision that is not textually severable as long as it does not alter the substantial purpose and effect of the impugned provision.
36.
Congress argued that : ( 1 ) Chadha lacked standing to challenge the constitutionality of ?244 ( c ) ( 2 ) because that section is not severable from ?244 ( a ) ( 1 ).
37.
The landlord argued that there was no realization of the property because no transaction had occurred, and because the improvement of the property that created the gain was not " severable " from the landlord's original capital.
38.
The essence of the argument submitted was that the charges are remuneration for the service provided by the bank ( supplying a bank account ) and so these particular contractual terms are not severable from the contract as a whole.
39.
Concluding from the legislative history that Congress had been concerned mainly about appearances of impropriety among its own Members, the court found the application of s501 ( b ) to the parties before it severable from the remainder of the Act.
40.
The Court rebutted Congress's assertions as follows : ( 1 ) ?244 ( c ) ( 2 ) of the Immigration and Nationality Act is severable from the rest of the act pursuant to the express severability clause ?406.
