- What are the three legal classifications?
- What are the four factors the court uses to determine suspect classification?
- What is the test for strict scrutiny?
- What purpose was the 14th Amendment passed?
- What is minimum rationality?
- What are the three tests of judicial scrutiny to determine the reasonableness of classifications?
- What is non suspect classification?
- What are the 3 levels of scrutiny?
- Is age a suspect classification?
- What are the three levels of scrutiny for equal protection cases?
- How do you know if something is constitutional?
- Which test is used most often to help the Supreme Court decide equal protection cases?
- What falls under intermediate scrutiny?
- Which is a drawback of becoming a suspect class quizlet?
- What is the reasonable basis test?
What are the three legal classifications?
Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny).
The Supreme Court has found the following situations to correspond to these levels of scrutiny..
What are the four factors the court uses to determine suspect classification?
Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.
What is the test for strict scrutiny?
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.
What purpose was the 14th Amendment passed?
Introduction. The 14th Amendment to the Constitution was ratified on July 9, 1868, and granted citizenship to “all persons born or naturalized in the United States,” which included former slaves recently freed.
What is minimum rationality?
minimum rationality test. (nonsuspect): the court asks whether the government had a rational basis for making a law that treats a given class of people differently; standard of review used by the courts to evaluate laws that make a nonsuspect classification.
What are the three tests of judicial scrutiny to determine the reasonableness of classifications?
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: Strict scrutiny. Intermediate scrutiny. Rational basis review.
What is non suspect classification?
Non-suspect classes are in essence those that do not fall under the classification of suspect classes. This is an important distinction as it acknowledges that if non-suspect classes also fall under the Equal Protection Clause, then everyone does.
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.
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.
How do you know if something is constitutional?
When courts apply strict scrutiny it is most challenging for the government to demonstrate that a law is Constitutional. Three common tests that courts apply when they conduct judicial review are the rational basis, intermediate scrutiny, and strict scrutiny tests.
Which test is used most often to help the Supreme Court decide equal protection cases?
When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests.
What falls under intermediate scrutiny?
In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.
Which is a drawback of becoming a suspect class quizlet?
Which is a drawback of becoming a suspect class? It can strike down laws that might discriminate in favor of the class.
What is the reasonable basis test?
Reasonable-basis test. Definition: A test applied by courts to laws that treat individuals unequally. Sentence: Such a law may be deemed consitutional if its purpose is held to be “reasonably” related to a legitimate government interest.