United States v. Salerno
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United States v. Salerno, , 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 the United 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.
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