- United States v. Salerno
Infobox SCOTUS case
Litigants = United States v. Salerno
ArgueDate = January 21
ArgueYear = 1987
DecideDate = May 26
DecideYear = 1987
FullName = United States v. Salerno
USVol = 481
USPage = 739
Citation =
Prior =
Subsequent =
Holding = Given the Act's legitimate and compelling regulatory purpose and the procedural protections it offers, 18 U.S.C. 3142(e) is not facially invalid under the Due Process Clause.
SCOTUS = 1986-1987
Majority = Rehnquist
JoinMajority = White, Blackmun, Powell, O'Connor, Scalia
Dissent = Marshall
JoinDissent = Brennan
Dissent2 = Stevens
LawsApplied ="United States v. Salerno", 481 U.S. 739 (
1987 ), was a United States Supreme Court decision. It determined that the "Bail Reform Act of 1984 ", which permitted the federal courts to detain an arrestee prior to trial if the government could prove that the individual was potentially dangerous to other people in the community, did not violate the Due Process Clause of the Fifth Amendment, nor the Excessive Bail Clause of the Eighth Amendment to theUnited States Constitution .Chief Justice
William Rehnquist wrote the opinion for the majority.Salerno is famous for expounding the "no set of circumstances" test. Challengers bringing a facial challenge to a statute are claiming the statute is 'void on its face' and should be declared unconstitutional. This is an extremely high burden, because the challenger must show that no set of circumstances exists under which the statute would be valid. The Court did however recognize the well-established
overbreadth doctrine , which provides a different standard for facial challenges of laws alleged to violate the First Amendment.ee also
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List of United States Supreme Court cases, volume 481 Further reading
*cite journal |last=Goldkamp |first=John S. |authorlink= |coauthors= |year=1985 |month= |title=Danger and Detention: A Second Generation of Bail Reform |journal=Journal of Criminal Law and Criminology |volume=76 |issue=1 |pages=1–74 |doi=10.2307/1143353 |url= |accessdate= |quote=
*cite journal |last=Howard |first=John B., Jr. |authorlink= |coauthors= |year=1989 |month= |title=The Trial of Pretrial Dangerousness: Preventive Detention after "United States v. Salerno" |journal=Virginia Law Review |volume=75 |issue=3 |pages=639–679 |doi=10.2307/1073254 |url= |accessdate= |quote=
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