Abstract

If there is a constitutional right to R, and a law L by its terms prohibits R,L cannot be validly applied to some person P’s exercise of R. For at least two reasons, however, most cases involving claims of constitutional right are substantially more difficult than this schematic example. First, lawmakers rarely act so brashly as to proscribe rights in so many words. 1 Second, even facially invalid laws typically include within their sweep much unprotected activity. 2