What Is An Example Of Strict Scrutiny?

What is minimum scrutiny?

This 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: The government has no legitimate interest in the law or policy; or..

Is age a suspect classification?

Legislation discriminating on the basis of religion or ethnicity, as well as those statutes that affect fundamental rights, also are inherently suspect. The Supreme Court has not recognized age and gender as suspect classifications, though some lower courts treat gender as a suspect or quasi-suspect classification.

What are the three levels of scrutiny for equal protection cases?

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 does strict scrutiny mean?

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. … 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.

What are the 3 levels of scrutiny?

You’ve likely heard that there are three levels of scrutiny used by courts to evaluate the constitutionality of laws: rational basis review, intermediate scrutiny, and strict scrutiny.

What are the different types of scrutiny?

Levels of ScrutinyDetermining a Level of Scrutiny. The court must determine whether it will be skeptical of government action, or be less nit-picky. … Spectrum. … Rational-Basis Review. … Strict Scrutiny. … Intermediate Scrutiny. … More information.

What level of scrutiny is age?

Rational basis scrutiny is applied to all other discriminatory statutes. Rational basis scrutiny currently covers all other discriminatory criteria—e.g., age, disability, wealth, political preference, political affiliation, or felons.

What is the difference between strict scrutiny and rational basis?

The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue. The rational basis test is also referred to as “rational review.”

Who has the burden of proof in strict scrutiny?

Once a court determines that strict scrutiny must be applied, it is presumed that the law or policy is unconstitutional. The government has the burden of proving that its challenged policy is constitutional.

What is a compelling interest?

An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion.

What are the four suspect categories?

There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.

What level of scrutiny is age discrimination?

Quasi-suspect classifications receive intermediate scrutiny. Finally, there are groupings courts usually consider to be legitimate. These groupings can be among other things, age-based, criminal record-based, or class-based, and receive “rational basis” scrutiny.

Which is a due process right that Americans have?

The Fifth Amendment says to the federal government that no one shall be “deprived of life, liberty or property without due process of law.” The Fourteenth Amendment, ratified in 1868, uses the same eleven words, called the Due Process Clause, to describe a legal obligation of all states.

What are the elements of strict scrutiny?

This strict scrutiny standard test includes three parts: a compelling governmental interest, narrowly tailored to achieve the goal, and the least restrictive way to achieve the goal. Failure to fulfill any part of the test will result in the law being declared unconstitutional.

What is an example of intermediate scrutiny?

An example of a court using intermediate scrutiny came in Craig v. Boren, 429 U.S. 190 (1976), which was the first case in the United States Supreme Court which determined that statutory or administrative sex-based classifications were subject to an intermediate standard of judicial review.