Document Type
Article
Publication Date
2009
Journal
Hastings Constitutional Law Quarterly
Volume
36
First Page
611
Last Page
630
Abstract
In a few short years, the Roberts Court has managed to severely restrict the use of facial challenges across substantive areas of constitutional law. Caitlin Borgmann's article, Holding Legislatures Constitutionally Accountable Through Facial Challenges, provides a compelling analysis of the vexing distinction between as applied and facial challenges in constitutional litigation and the impact that limiting facial challenges has on constitutional rights. Borgmann argues that facial challenges are necessary to keep legislatures in check, particularly when legislatures "deliberately or recklessly infringe individual rights" of those who lack political power. Facial challenges are needed in this context not only to protect important individual rights, but also to ensure that legislatures do not unfairly shift their constitutional responsibilities to the courts. Legislatures have in the past skirted their constitutional duties by passing blatantly unconstitutional laws in order to pander to public sentiment, "leav[ing] the courts to do their dirty work" of conforming the legislation to the Constitution.
Recommended Citation
Maya Manian,
Rights, Remedies and Facial Challenges,
36
Hastings Constitutional Law Quarterly
611
(2009).
Available at:
https://digitalcommons.wcl.american.edu/facsch_lawrev/2023