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Facial challenge

Index Facial challenge

In U.S. constitutional law, a facial challenge is a challenge to a statute in which the plaintiff alleges that the legislation is always unconstitutional, and therefore void. [1]

22 relations: Ashwander v. Tennessee Valley Authority, Ayotte v. Planned Parenthood of Northern New England, Brandenburg v. Ohio, Brown v. Board of Education, Citizens United v. FEC, Commerce Clause, Crawford v. Marion County Election Board, Equal Protection Clause, First Amendment to the United States Constitution, Gonzales v. Carhart, Harvard Law School, Health insurance mandate, Judicial review, Louis Brandeis, Overbreadth doctrine, Patient Protection and Affordable Care Act, Rational basis review, Statute, Supreme Court of the United States, United States v. Lopez, United States v. Salerno, Washington v. Glucksberg.

Ashwander v. Tennessee Valley Authority

Ashwander v. Tennessee Valley Authority,, was a United States Supreme Court case that provided the first elaboration of the doctrine of "Constitutional avoidance".

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Ayotte v. Planned Parenthood of Northern New England

Ayotte v. Planned Parenthood of Northern New England,, was a decision by the Supreme Court of the United States involving a facial challenge to New Hampshire's parental notification abortion law.

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Brandenburg v. Ohio

Brandenburg v. Ohio,, was a landmark United States Supreme Court case based on the First Amendment to the U.S. Constitution.

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Brown v. Board of Education

Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), was a landmark United States Supreme Court case in which the Court declared state laws establishing separate public schools for black and white students to be unconstitutional.

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Citizens United v. FEC

Citizens United v. Federal Election Commission,, is a landmark U.S. constitutional law, campaign finance, and corporate law case dealing with regulation of political campaign spending by organizations.

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Commerce Clause

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3).

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Crawford v. Marion County Election Board

Crawford v. Marion County Election Board, 553 U.S. 181 (2008), was a United States Supreme Court case in which the Court held that an Indiana law requiring voters to provide photographic identification did not violate the United States Constitution.

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Equal Protection Clause

The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution.

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First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents Congress from making any law respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the right to peaceably assemble, or to petition for a governmental redress of grievances.

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Gonzales v. Carhart

Gonzales v. Carhart,, is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003.

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Harvard Law School

Harvard Law School (also known as Harvard Law or HLS) is one of the professional graduate schools of Harvard University located in Cambridge, Massachusetts.

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Health insurance mandate

A health insurance mandate is either an employer or individual mandate to obtain private health insurance instead of (or in addition to) a national health insurance plan.

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Judicial review

Judicial review is a process under which executive or legislative actions are subject to review by the judiciary.

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Louis Brandeis

Louis Dembitz Brandeis (November 13, 1856 – October 5, 1941) was an American lawyer and associate justice on the Supreme Court of the United States from 1916 to 1939.

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Overbreadth doctrine

In American jurisprudence, the overbreadth doctrine is primarily concerned with facial challenges to laws under the First Amendment.

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Patient Protection and Affordable Care Act

The Patient Protection and Affordable Care Act, often shortened to the Affordable Care Act (ACA) or nicknamed Obamacare, is a United States federal statute enacted by the 111th United States Congress and signed into law by President Barack Obama on March 23, 2010.

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Rational basis review

Rational basis review, in U.S. constitutional law, refers to the default standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.

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Statute

A statute is a formal written enactment of a legislative authority that governs a city, state, or country.

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Supreme Court of the United States

The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS) is the highest federal court of the United States.

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United States v. Lopez

United States v. Alfonso D. Lopez, Jr., was the first United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution.

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United States v. Salerno

United States v. Salerno,, was a United States Supreme Court decision.

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Washington v. Glucksberg

Washington v. Glucksberg,, was a landmark case in which the Supreme Court of the United States unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause.

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Redirects here:

"as applied" challenge, As applied challenge, As-applied challenge, Facial challenges, Facially invalid.

References

[1] https://en.wikipedia.org/wiki/Facial_challenge

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