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Series

SSRN

Columbia Law School

2004

Fourteenth Amendment

Articles 1 - 1 of 1

Full-Text Articles in Law

Facial Challenges And Federalism, Gillian E. Metzger Jan 2004

Facial Challenges And Federalism, Gillian E. Metzger

Faculty Scholarship

This Essay addresses a debate that emerged in the Supreme Court's decision last Term in Tennessee v. Lane, 124 S. Ct. 1978 (2004), regarding whether challenges to legislation enacted to enforce section five of the Fourteenth Amendment should be assessed on a facial or as-applied basis. It begins by reviewing the Court's precedent involving claims that statutes exceed Congress' enumerated powers to determine how the Court thus far has approached the question of facial challenges and severability in that context. One of the main points that emerges from this review is the confusion spawned by the Court's ...