What is rationality with a bite?

• Strict scrutiny.
• Intermediate scrutiny.
• Rational basis review.

What is minimum rationality?

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.

What is rational bias test?

One standard of review that is used frequently by courts to resolve constitutional quandaries is the rational basis test. 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 rational basis review with bite?

After recounting the judicial history that lead to the current anything-goes version of the rational basis test for economic liberty concerns, the court adopted what it termed “rational basis with bite,” which demands “actual rationality, scrutinizing the law's actual basis, and applying an actual test.”

In which types of cases do the courts apply the rational basis test?

Invented out of whole cloth by the Supreme Court, the rational basis test applies in all constitutional cases that do not involve rights the Supreme Court has deemed “fundamental” such as free speech, religion, and voting.

What cases use the rational basis test?

Courts typically apply the rational basis test if no fundamental right is involved and no 'suspect class' is involved. That is, no one is arguing that a fundamental right is being jeopardized or someone is being discriminated against based on race or religion.

What are the three types 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 the burden of proof in rational basis review?

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 are the three 3 levels of test that are applied in equal protection cases?

Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.

What does rationally related mean?

: 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 is the rational basis test in government?

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 are the two factors for the court to consider when deciding whether the statute is constitutional?

Courts must determine whether the person challenging the law has the standing to bring a law suit. Then, courts need to decide whether the law requires a higher level of scrutiny because it impacts fundamental rights or distinguishes people based on their race, religion, or natural origin.

What is the reasonable basis test?

A standard used to determine whether a worker can be treated as a independent contractor whether or not the common law test is met, based on prior court and administrative rulings, IRS audits, or longstanding practice in the industry.

What are 3 levels of government?

Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate) Executive—Carries out laws (president, vice president, Cabinet, most federal agencies) Judicial—Evaluates laws (Supreme Court and other courts)

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 falls under strict scrutiny?

Strict 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.

What does undue burden mean in law?

In short, the undue burden standard states that a legislature cannot make a particular law that is too burdensome or restrictive of one's fundamental rights.

What two tests does the high court use when deciding equal protection cases?

When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests.

What are the three core questions for recognizing a civil rights problem?

What 2 things must the government show for a law to be constitutional under intermediate scrutiny?

The US West court held here that in order to pass the first prong (important government interest prong) of intermediate scrutiny for a First Amendment issue, the government “must demonstrate that the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct ...

What is a compelling state interest?

A compelling state (or governmental) interest is an element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the First Amendment.