To pass the rational basis test, the statute
or ordinance must have a legitimate state interest
, and there must be a rational connection between the statute's/ordinance's means and goals.
What is the rational basis test and why is it important?
A test used to determine whether a law or governmental regulation or action violates the equal protection clause
. The rational basis test is used in most circumstances, such as reviewing economic regulations.
What does the rational basis test require quizlet?
To pass rational basis review,
the challenged law must be rationally related to a legitimate government interest
. Rational basis is the most lenient form of judicial review, as both strict scrutiny and intermediate scrutiny are considered more stringent.
How does the rational basis test work?
Under the rational basis test,
a court must determine whether a law is rationally related to a legitimate government interest
. If the answer is yes, the law is constitutional and can be applied.
What is premise behind the rational basis test?
But when the right at issue is an economic right, like the right to earn an honest living, a court will apply something known as the “rational basis test.” Under this “test” a
court will uphold a law so long as it is rationally related to a legitimate government purpose
.
What falls under intermediate scrutiny?
Intermediate scrutiny is
a test courts will use to determine a statute's constitutionality
. … To pass intermediate scrutiny, the challenged law must: further an important government interest. and must do so by means that are substantially related to that interest.
What is the rational basis test AP Gov?
Rational Basis test. a
test the Supreme Court developed to determine if a law is discriminatory
, which is applied to laws dealing with age, disability, income, and similar categories. Plessey v. Furgeson. case that established “seperate but equal” treatment as constitutional.
What is meant by rational basis?
Legal Definition of rational basis
: a reason or ground (as for legislation or an action by a government agency)
that is not unreasonable or arbitrary and that bears a rational relationship to a legitimate state interest
— see also rational basis test.
What are the 3 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.
Who has burden of proof in rational basis test?
In applying the rational basis test, courts begin with a strong presumption that the law or policy under review is valid. The BURDEN OF PROOF is
on the party
making the challenge to show that the law or policy is unconstitutional.
What fails rational basis review?
Under rational basis review, it is “entirely irrelevant” what end the government is actually seeking and statutes can be based on “rational speculation unsupported by evidence or empirical data.” Rather,
if the court can merely hypothesize a “legitimate” interest served by the challenged action
, it will withstand …
What is strict scrutiny applied to?
Overview. Strict 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.
What is an example of strict scrutiny?
During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny
to strike down Virginia's law banning interracial marriage
.
What is the minimum rationality test?
What is the Minimum Rationality standard for Constitutional Review? This standard, also known as the Rational Basis Standard of Review, requires that
a law have a rational connection to a permissible state end (a legitimate goal of the government) to be Constitutional
.
Where did strict scrutiny come from?
The notion of “levels of judicial scrutiny”, including strict scrutiny, was introduced
in Footnote 4 of the U.S. Supreme Court decision in United States v. Carolene Products Co. (1938)
, one of a series of decisions testing the constitutionality of New Deal legislation.
Which of the following is generally subject to a rational basis review?
Which of the following is generally subject to rational basis review?
Is subject to full strict scrutiny
, regardless of the victim's race and regardless of whether the federal government or a state discriminates. You just studied 10 terms!
