What are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause quizlet?
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What Are The Levels of Scrutiny?When the constitutionality of a law is challenged, both state and federal courts will commonly apply one of three levels of judicial scrutiny from the spectrum of scrutiny:
The level of
scrutiny that's applied determines how a court will go about analyzing a law and its effects. It also determines which party -- the challenger or the government -- has the burden of proof. Although these tests aren't exactly set in stone, there is a basic framework for the most common levels of scrutiny applied to challenged laws. Strict ScrutinyThis is the highest level of scrutiny applied by courts to government actions or laws. The U.S. Supreme Court has determined that legislation or government actions that discriminate on the basis of race, national origin, religion, and alienage must pass this level of scrutiny to survive a challenge that the policy violates constitutional equal protection. This high level of scrutiny is also applied whenever a "fundamental right" is being threatened by a law, like the right to marriage. Strict scrutiny requires the government to prove that:
Intermediate ScrutinyThe next level of judicial focus on challenged laws is less demanding than strict scrutiny. In order for a law to pass intermediate scrutiny, it must:
This test was first accepted by the U.S. Supreme Court in 1976 to be used whenever a law discriminates based on gender or sex. Some federal appellate courts and state supreme courts have also applied this level of scrutiny to cases involving sexual orientation. As with strict scrutiny, intermediate scrutiny also places the burden of proof on the government. Rational Basis ReviewThis is the lowest level of scrutiny applied to challenged laws, and it has historically required very little for a law to pass as constitutional. Under the rational basis test, the person challenging the law (not the government) must prove either:
Courts using this test are highly deferential to the government and will often deem a law to have a rational basis as long as that law had any conceivable, rational basis -- even if the government never provided one. This test typically applies to all laws or regulations which are challenged as irrational or arbitrary as well as discrimination based on age, disability, wealth, or felony status. The Spectrum of ScrutinyThere are many levels of scrutiny, called the spectrum, but the main three levels have been outlined here. The spectrum of scrutiny ranges from Rational Basis Review being the most relaxed on one side and Strict Scrutiny being very intense on the other end. These levels of scrutiny can and will continue to change as courts apply them in the future. Related Resources:
You Don’t Have To Solve This on Your Own – Get a Lawyer’s HelpMeeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help. OverviewStrict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. The other two standards are intermediate scrutiny and rational basis review. ApplicationEqual ProtectionStrict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage. Other ApplicationsThe application of strict scrutiny, however, extends beyond issues of equal protection. Restrictions on content-based speech, for instance, are to be reviewed under the strict scrutiny standard as well. Notably, the Supreme Court has refused to endorse the application of strict scrutiny to gun regulations, leaving open the question of which precise standard of review is to be employed when addressing the Second Amendment. Further ReadingFor more on strict scrutiny, see this Catholic University Law Review article, this University of Vermont Law Review article, and this University of Pittsburgh Law Review article. What are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause?Equal Protection Analysis
After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body's action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
What are the three levels of scrutiny used by courts?There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test.
What are the three levels of scrutiny used by courts to determine the constitutionality of a government action quizlet?The courts use one of three standards: strict scrutiny, intermediate scrutiny, or the: "rational basis" test.
What are the different levels of scrutiny?Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
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