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The document discusses three levels of scrutiny used by courts to evaluate the constitutionality of laws: the rational basis test, strict scrutiny test, and intermediate scrutiny test. The rational basis test requires a law to be rationally related to a legitimate government interest. Strict scrutiny requires a law to further a compelling interest through narrowly tailored means. Intermediate scrutiny requires a law to be substantially related to an important government objective and is used to evaluate laws involving gender and legitimacy of children.

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71 views1 page

Test

The document discusses three levels of scrutiny used by courts to evaluate the constitutionality of laws: the rational basis test, strict scrutiny test, and intermediate scrutiny test. The rational basis test requires a law to be rationally related to a legitimate government interest. Strict scrutiny requires a law to further a compelling interest through narrowly tailored means. Intermediate scrutiny requires a law to be substantially related to an important government objective and is used to evaluate laws involving gender and legitimacy of children.

Uploaded by

Lee Yaya
Copyright
© © All Rights Reserved
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RATIONAL BASIS TEST

Consequently, the rational basis test was properly applied to gauge the constitutionality of the
assailed law in the face of an equal protection challenge. It has been held that in the areas of
social and economic policy, a statutory classification that neither proceeds along suspect lines
nor infringes constitutional rights must be upheld against equal protection challenge if there is
any reasonably conceivable state of facts that could provide a rational basis for the
classification. Under the rational basis test, it is sufficient that the legislative classification is
rationally related to achieving some legitimate State interest.
Rational basis test refers to a judicial standard of review that examines whether a legislature
had a reasonable and not an arbitrary basis for enacting a particular statute.
STRICT SCRUTINY TEST
It 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.
It refers to the standard for determining the quality and the amount of governmental interest
brought to justify the regulation of fundamental freedoms
Strict scrutiny refers to the standard for determining the quality and the amount of
governmental interest brought to justify the regulation of fundamental freedoms
INTERMEDIATE SCRUNITY TEST
It is used in discriminations based on gender or illegitimacy of children. Under the
intermediate scrutiny test, the classification must be substantially related to an important
government objective. Laws not subject to the strict or intermediate scrutiny test are evaluated
under the rational basis test, which is the easiest test to satisfy since the classification must
only show a rational relationship to a legitimate government purpose.

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