![]() ![]() The rational basis test is also referred to as "rational review." Further Readingįor more on the rational basis test, see this University of Virginia Law Review article, this New York University Law Review article, and this University of Notre Dame Law Review article. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue. The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. Beginning with racial redistricting and then moving on to the two types of affirmative action, we will examine the case law for each subject area, focusing on. The government has the obligation to take positive action to protect citizens from any illegal action by government or other citizens to limit such freedom and equality. Under a strict scrutiny analysis, a law that restricts freedom of speech must achieve a compelling government interest and be narrowly tailored to that interest or be the least speech-restrictive means available to the government. The right to political and social freedom and equality. Strict scrutiny is the highest form of review that courts use to evaluate the constitutionality of laws. There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test. The use of any unreasonable and unjust criterion of exclusion. ![]() To pass the rational basis test, the statute or ordinance must have a legitimate state interest, and there must be a rational connection between the statute's/ordinance's means and goals. As applied by the Supreme Court, the strict scrutiny test sets up a standard of judicial review so rigorous as to be fatal to most of the legislation in. A judicial review test is what courts use to determine the constitutionality of a statute or ordinance. Thus the term strict scrutiny refers to a test under which statutes will be pronounced unconstitutional unless they are necessary or narrowly drawn or. Study with Quizlet and memorize flashcards containing terms like The creates the Congress, the presidency and vice presidency, and the Supreme Court of the United States. The rational basis test is a judicial review test. ![]()
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