Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 20 (1999)

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Cite as: 526 U. S. 172 (1999)

Opinion of the Court

usufructuary rights. Although this Court has often considered the severability of statutes, we have never addressed whether Executive Orders can be severed into valid and invalid parts, and if so, what standard should govern the inquiry. In this case, the Court of Appeals assumed that Executive Orders are severable, and that the standards applicable in statutory cases apply without modification in the context of Executive Orders. 124 F. 3d, at 917 (citing In re Reyes, 910 F. 2d 611, 613 (CA9 1990)). Because no party before this Court challenges the applicability of these standards, for purposes of this case we shall assume, arguendo, that the severability standard for statutes also applies to Executive Orders.

The inquiry into whether a statute is severable is essentially an inquiry into legislative intent. Regan v. Time, Inc., 468 U. S. 641, 653 (1984) (plurality opinion). We stated the traditional test for severability over 65 years ago: "Unless it is evident that the legislature would not have enacted those provisions which are within its power, independently of that which is not, the invalid part may be dropped if what is left is fully operative as a law." Champlin Refining Co. v. Corporation Comm'n of Okla., 286 U. S. 210, 234 (1932). See also Alaska Airlines, Inc. v. Brock, 480 U. S. 678, 684 (1987); Regan v. Time, Inc., supra, at 653. Translated to the present context, we must determine whether the President would not have revoked the 1837 Treaty privileges if he could not issue the removal order.

We think it is clear that President Taylor intended the 1850 order to stand or fall as a whole. The 1850 order embodied a single, coherent policy, the predominant purpose of which was removal of the Chippewa from the lands that they had ceded to the United States. The federal officials charged with implementing the order certainly understood it as such. As soon as the Commissioner of Indian Affairs received a copy of the order, he sent it to Governor Ramsey and placed him in charge of its implementation. The Com-

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