What is the test for finding a statute facially unconstitutional?

California, United States of America


The following excerpt is from Clare v. State Bd. of Accountancy, 10 Cal.App.4th 294, 12 Cal.Rptr.2d 481 (Cal. App. 1992):

"A statute is not facially unconstitutional simply because it may not be constitutionally applied to some persons or circumstances; at a minimum its unlawful application must be substantial and real when judged in relation to the statute's plainly legitimate sweep. Unless it is in total conflict with the Constitution, any overbreadth is cured by a case-by-case analysis of the particular fact situation. [Citation.] A statute will be declared invalid in its entirety only when its scope cannot be limited to constitutionally applicable situations except by reading in numerous qualifications and exceptions, i.e., rewriting it, or if it is invalid in certain situations and cannot be enforced in others without danger of an uncertain or vague future application." (Mounts v. Uyeda, supra, 227 Cal.App.3d at p. 122, 277 Cal.Rptr. 730.)

Other Questions


When harmonizing two statutes relating to the same subject, can a particular or specific statute take precedence over a conflicting general statute? (California, United States of America)
Is the death penalty statute not unconstitutional despite not requiring a finding beyond a reasonable doubt that an aggravating circumstance has been proved? (California, United States of America)
What is the test for a facial unconstitutionality finding to void a whole section of the California Civil Rights Act? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
Is the death penalty statute not unconstitutional despite not requiring a finding beyond a reasonable doubt that an aggravating circumstance has been proved? (California, United States of America)
Is the death penalty statute unconstitutional for failing to provide the jury with instructions of the burden of proof and standard of proof? (California, United States of America)
In what circumstances can localities proceed to enforce a statute of doubtful constitutionality by disobeying the statute? (California, United States of America)
What is the test for a de novo review of the findings of the Court of Appeal of a finding that a plaintiff was sexually assaulted during her pregnancy? (California, United States of America)
In what circumstances will a jury find that a prosecutor's impropriety was not an inducing factor in the election of a jury to find a defendant sane? (California, United States of America)
Is the law requiring a jury to produce written findings when the jury is not able to produce the written findings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.