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Simple English definitions for legal terms
constitutional challenge
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A quick definition of constitutional challenge:
A constitutional challenge is when someone says that a law or government action goes against the rules in the Constitution. It's like saying, "Hey, that's not fair! You can't do that!" Sometimes people can challenge a whole group of potential jurors or just one person if they think they won't be fair. There are different types of challenges, like ones that need a reason and ones that don't. In the military, they can challenge someone who is supposed to be in charge of a court case if they don't think they can be fair.A more thorough explanation:
A constitutional challenge is a formal questioning of the legality or constitutionality of a law or governmental action. It can take different forms:
- A facial challenge: a claim that a statute is always unconstitutional
- An as-applied challenge: a claim that a law is unconstitutional as applied to a particular case or party
For example, if a law prohibits all protests in a certain area, someone could bring a facial challenge arguing that it violates the First Amendment's protection of free speech. Alternatively, someone could bring an as-applied challenge arguing that the law was selectively enforced against them because of their political views.
Another type of constitutional challenge is a Batson challenge, which is used in jury selection to object to the use of peremptory challenges to exclude potential jurors based on their race, ethnicity, or sex. This type of challenge is named after a Supreme Court case that established the principle.
Overall, a constitutional challenge is a way to challenge the constitutionality of a law or governmental action in court.