What is the lowest level of review by a court to determine whether a government action unconstitutional infringes on protected rights?
Asked by: Kamille Bergnaum | Last update: February 15, 2026Score: 4.3/5 (72 votes)
The lowest level of judicial review for government actions infringing on rights is Rational Basis Review, a lenient standard where a law is upheld if it's "rationally related" to a "legitimate" government interest, meaning the government usually wins, as seen in cases with economic or social policies.
What is the lowest level of review by a court to determine whether a government action unconstitutionally infringes on protected rights?
A rational basis review is the lowest level of scrutiny by a court for laws that infringe on constitutionally protected rights. A case that does not impact a suspect class or impinge upon a fundamental constitutional right will be upheld if it is rationally related to a legitimate government interest.
What is the lowest level of court scrutiny?
MINIMUM (OR RATIONAL BASIS) SCRUTINY (The govenment need only show that the challenged classification is rationally related to serving a legitimate state interest.)
What is intermediate scrutiny?
As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.
Which is the least restrictive standard of review used by the Supreme Court?
If a right is not deemed fundamental, a law restricting that right will usually be judged under rational basis review. In many states, economic rights, such as entitlement to a job, business, service, or benefit, trigger rational basis review. In contrast to strict scrutiny, rational basis is the most lenient test.
The Rational Basis Test [No. 86]
What are the three standards of review?
In this article, we look at the various standards of review – substantial evidence, abuse of discretion, and de novo – and analyze under state law how the different standards affect the necessary presentation of the statement of facts.
What are the three types of judicial review?
The three main types of judicial review standards (or levels of scrutiny) in U.S. constitutional law are Strict Scrutiny, Intermediate Scrutiny, and the Rational Basis Test, determining how closely courts examine government actions, with strict scrutiny being the highest and rational basis the lowest, affecting burdens of proof and deference to the legislature. Alternatively, in UK administrative law, the grounds for judicial review are often categorized as Illegality, Procedural Unfairness, and Unreasonableness (Irrationality).
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.
What kinds of cases involve intermediate scrutiny?
Finally, there is a middle tier of review, intermediate scrutiny, where the government action must be substantially related to an important government objective. Intermediate scrutiny has typically been applied in cases where someone has been discriminated against because of their sex or gender.
What is an intermediate standard of review?
Intermediate scrutiny is a legal standard used to evaluate laws affecting gender and certain rights. A law must advance an important government interest and be substantially related to that interest to pass this scrutiny. This standard is less rigorous than strict scrutiny but more thorough than rational basis review.
What is the lowest level of court called?
The federal court system has three main levels: district courts (the trial court), circuit courts which are the first level of appeal, and the Supreme Court of the United States, the final level of appeal in the federal system.
What is the lowest level of court in Canada?
Provincial and territorial (lower) courts: These courts have the power to deal with every criminal offence except the most serious offences, such as murder and piracy, and conduct pre-trial hearings, called preliminary hearings, in criminal cases destined for trial in superior court.
Which of the following levels of scrutiny is a law the least likely to pass?
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous).
What is the lowest level of judicial scrutiny?
The lowest standard of review is defined as ordinary, or minimal, scrutiny. Here, the burden to demonstrate a violation of the Constitution falls on the individual, as the Court presumes the governmental action in question is constitutional.
What is the power of the courts to determine whether government actions?
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
What are the 4 types of constitutional powers?
The four main types of constitutional powers in the U.S. system, dividing authority between federal and state governments, are Enumerated (Expressed) (specifically listed, like taxing), Implied (not listed but necessary, via the Necessary & Proper Clause, like national bank), Concurrent (shared by federal/state, like taxing), and Reserved (held by states, 10th Amendment, like education), alongside Denied Powers (forbidden to government).
What is an example of an underinclusive law?
For example, a statute that prohibited the use of loudspeaker systems near a hospital might be underinclusive for failing to prohibit shouting or the use of car horns in the same area.
What are the three levels of scrutiny used by the Supreme court to discover whether discrimination is permissible?
Courts apply different levels of scrutiny to test whether a potentially discriminatory law is valid. These include strict scrutiny, intermediate scrutiny, and rational basis review. The level applied depends on the nature of the classification and the rights affected.
Which level of scrutiny must affirmative action?
-The Court decided that affirmative action policies must survive strict scrutiny.
What are the different types of judicial review?
There are two types of judicial review of government decision making: review of the merits (or substance) of a decision and review of the way the decision-maker reached a decision (procedural review). In substance review, the court reviews the outcome.
What are the three models of judicial review?
There are three general models of judicial decision-making that have been proposed by legal scholars and analysts. These are the legal model, the attitudinal model, and the strategic model.
What are the three levels of constitutional review?
The rational basis test is one of three judicial review tests, alongside the intermediate scrutiny test, and the strict scrutiny test. Both the intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test.
What are the four types of judicial opinions that may be given on a case?
The four basic categories of court opinions are Majority, Concurring, Dissenting, and sometimes Plurality (when there's no true majority), which explain the court's official ruling, a judge's agreement with the outcome but different reasoning, a judge's disagreement with the ruling, and when multiple judges agree on the outcome but not the reasoning, respectively, all shaping legal precedent.
What are the three branches of government review?
These branches are the Legislative Branch, Executive Branch, and Judicial Branch. Each of them have different duties they carry out to run our government. Many of these powers are also based on the major principles that influenced our Constitution: popular sovereignty, rule of law, and checks and balances.