Gavin Howe
In the United States, individuals can challenge the constitutionality of laws in court if they believe their rights are being infringed upon. This process involves filing a complaint in federal court, clearly identifying the statute being challenged, and explaining how it infringes on their constitutional rights. One critical factor in these cases is demonstrating personal harm caused by the statute, known as standing. Facial challenges, where the plaintiff alleges that a statute is always unconstitutional and void, can have greater consequences than as-applied challenges, which contest the constitutionality of a specific application of a statute. The Supreme Court has stated that facial challenges should be rare due to their potential to invalidate entire pieces of legislation and disrupt the democratic process.
| Characteristics | Values |
|---|---|
| Type of Challenge | Facial Challenge, As-Applied Challenge |
| Who can challenge? | Defendants, Individuals |
| Court's role | Can reject a constitutional challenge at any time, Cannot enter a final judgment before the intervention period expires |
| Notice of Challenge | Should be served to the Attorney General |
| Time for Intervention | 60 days |
| Plaintiff's role | Should demonstrate personal harm caused by the statute |
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What You'll Learn
Constitutional challenges
In the United States, a constitutional challenge to a statute is governed by Rule 5.1 of the Federal Rules of Civil Procedure. This rule requires that a notice of constitutional question be promptly filed and served, notifying the Attorney General of the challenge and allowing them to exercise their statutory right to intervene at the earliest possible point in the litigation. The court may also certify a constitutional challenge, triggering the 60-day period for intervention.
A constitutional challenge can take the form of a facial challenge or an as-applied challenge. A facial challenge alleges that a statute is always unconstitutional and therefore void, while an as-applied challenge argues that a particular application of a statute is unconstitutional. For example, in Reno v. American Civil Liberties Union, the Supreme Court found certain provisions of the Communications Decency Act of 1996 to be unconstitutional on their face due to their vague and "substantially overbroad" nature. In contrast, an as-applied challenge allows for a narrower scope, resulting in modifications to a statute's effect rather than its total invalidation.
Facial challenges are generally disfavored by the Supreme Court due to their potential to disrupt the democratic process by preventing laws embodying the will of the people from being implemented. They also carry greater consequences than as-applied challenges, as a successful facial challenge results in the entire legislation being invalidated. As such, the Supreme Court has placed a higher burden on those wishing to establish a facial challenge, requiring them to demonstrate that "no set of circumstances exists under which [the statute] would be valid".
When a party challenges the constitutionality of a state statute in federal litigation, either the court or the party must notify the Attorney General, who is granted intervention as of right. This is governed by federal law, specifically 28 U.S.C. § 2403(b), U.S. Sup. Ct. R. 29.4(c), and Fed. R. App. Proc. 44(b). Additionally, state laws may have specific provisions governing constitutional challenges, such as New York's Executive Law § 71, which authorizes the Attorney General to appear in court to defend the constitutionality of state acts, statutes, rules, or regulations.
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Court intervention
One example of a constitutional challenge is a facial challenge, where the plaintiff alleges that a statute is always unconstitutional and therefore void. If successful, a facial challenge results in the court declaring the statute facially invalid, striking it down entirely. On the other hand, an as-applied challenge claims that a specific application of a statute is unconstitutional, leading the court to narrow the circumstances in which the statute may be applied without overturning it.
The process of challenging a law's constitutionality is complex and requires a thorough understanding of the law. It is essential to gather solid evidence and expert testimony to support the argument, including constitutional provisions, court precedents, and legal scholars' opinions. Identifying the correct defendant is also crucial; typically, the government entity or official responsible for enforcing the statute is named as the defendant.
In the United States, individuals can challenge the constitutionality of laws under which they are prosecuted. For instance, in the case of Carol Anne Bond, who was charged with violating a statute implementing the Chemical Weapons Convention, she appealed her conviction on the grounds that the statute violated the Tenth Amendment. While the Third Circuit declined to address the constitutional question, her case confirmed that individuals directly harmed by a federal law can challenge its constitutionality.
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Standard of proof
The standard of proof is the amount of evidence or certainty required to prove a fact or claim in a criminal or civil case. The burden of proof determines which party is responsible for putting forth evidence and the level of evidence they must provide in order to prevail. In most cases, the plaintiff (the party bringing the claim) has the burden of proof.
Standards of proof vary based on the type of case and the stage of the proceedings. The more serious the consequences, the higher the standard of proof is likely to be. For example, a criminal case involving a potential loss of liberty (jail or prison) requires a much higher standard of proof than a civil lawsuit over money.
The "beyond a reasonable doubt" standard is the highest standard of proof that may be imposed upon a party at trial, and it is the main standard used in criminal cases. This standard requires the prosecution to show that the only logical explanation that can be derived from the facts is that the defendant committed the alleged crime, and that no other logical explanation can be inferred or deduced. The United States Supreme Court has described proof beyond a reasonable doubt as establishing "not an absolute or mathematical certainty, but a moral certainty".
In civil cases, the standard of proof is sometimes elevated to a higher standard called "clear and convincing evidence". This standard requires the plaintiff to prove that a particular fact is substantially more likely than not to be true. Some courts have described this standard as requiring the plaintiff to prove that there is a high probability that a particular fact is true.
When someone disagrees with a government agency's action, that person can ask for an administrative hearing. At the hearing, an administrative law judge (ALJ) uses a "preponderance of the evidence" standard. For example, an ALJ uses the preponderance of the evidence standard when deciding a Social Security claim. Appellate judges who review ALJs' decisions typically use the "substantial evidence" standard. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.
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Identifying the defendant
For example, if you are challenging a state law, the defendant could be the governor or the state's attorney general. In the case of Obergefell v. Hodges, which legalised same-sex marriage across the US, the defendants were state officials from Michigan, Ohio, Kentucky, and Tennessee. If you are challenging a federal law, the defendant could be a federal agency or official.
It is important to note that courts generally mandate plaintiffs to have "standing", meaning they must demonstrate personal harm caused by the statute and show that they are personally affected by the law. In the case of Bond v. United States, for example, Bond appealed her conviction on the ground that the statute in question violated the Tenth Amendment, as her offence was local in nature and not properly subject to federal prosecution. The Third Circuit declined to reach the constitutional question, holding that Bond did not have standing to raise a Tenth Amendment challenge. However, the Supreme Court later reviewed the case and ruled that individuals can raise Tenth Amendment claims that the federal government has overstepped its enumerated powers.
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Grounds for challenge
Challenging a statute on constitutional grounds is a complex but crucial aspect of the legal system, as it allows for the rectification of laws that infringe upon constitutional rights. Initiating a challenge to a statute's constitutionality typically requires the assistance of a seasoned constitutional lawyer. The process begins with filing a complaint in federal court, clearly identifying the statute being challenged and explaining how it infringes on constitutional rights. One critical factor in these cases is "standing", which refers to demonstrating personal harm caused by the statute. Courts generally mandate that plaintiffs have standing, meaning they are personally affected by the law. This requirement ensures that courts resolve actual disputes rather than rendering advisory opinions.
Facial and as-applied challenges are the two categories that courts in the US use to classify lawsuits challenging the constitutionality of a statute. In a facial challenge, the plaintiff claims that a statute is unconstitutional in all situations and seeks to have it declared declared "facially invalid". A successful facial challenge results in the invalidation of the entire statute. Facial challenges are considered disfavoured by the Supreme Court due to their broader implications and the risk of premature interpretation of statutes based on speculative arguments.
On the other hand, an as-applied challenge alleges that a particular application of a statute is unconstitutional. This type of challenge seeks a narrower remedy, aiming to restrict the statute's effect without striking it down entirely. The Supreme Court has expressed a preference for as-applied challenges as they provide a more targeted solution that fully protects the litigants without extending relief to non-parties.
Regardless of the type of challenge, it is essential to gather solid evidence and expert testimony to support the argument. This may include constitutional provisions, court precedents, and legal scholars' opinions. Understanding the complexities of challenging a statute's constitutionality is crucial to ensure that one's rights are protected.
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Frequently asked questions
A facial challenge is a claim that a statute is always unconstitutional and therefore void. If successful, a court will declare the statute in question facially invalid, which has the effect of striking it down entirely.
An as-applied challenge alleges that a particular application of a statute is unconstitutional. A successful as-applied challenge will result in a court narrowing the circumstances in which the statute may be applied without striking it down.
Challenging a statute on US constitutional grounds requires a deep understanding of the law and the US legal system. It is recommended that you seek professional assistance from a seasoned constitutional lawyer. The process starts with filing a complaint in federal court, clearly identifying the statute you’re challenging, and explaining how it infringes on your constitutional rights. You will need to demonstrate personal harm caused by the statute, referred to as "standing," as courts generally mandate that plaintiffs are personally affected by the law.
If a law hasn't been enforced or its effects are unclear, a court may dismiss the case as unripe.
