Federalism- Levels of scutiny

Question 1

What is the rational basis test? Who has the burden of proof?

Answer 1

A law will be upheld if it is rationally related to a legitimate government purpose. The challenger has the burden of proof.

Question 2

What is Intermediate scrutiny? Who has the burden of proof?

Answer 2

A law will be upheld if it substantially related to an important government purpose. The government has the burden of proof.

Question 3

What is Strict scrutiny? Who has the burden of proof?

Answer 3

Law will be upheld if it is necessary to achieve a compelling government purpose. The government has the burden of proof.

Least restrictive alternate analysis is used. Means must be narrowly tailored

Question 4

To what rights/regulations is strict scrutiny applied?

Answer 4

Fundamental rights, such as interstate travel, privacy, voting, First Amendment rights.

Or involving suspect classifications, such as race, national origin, and alienage.

Question 5

To what rights/regulations is intermediate scrutiny applied?

Answer 5

Regulations involving quasi-suspect classes, such as gender and legitimacy.

Question 6

To what rights/regulations is rational basis applied?

Answer 6

Regulations that do not affect fundamental rights or involve suspect or quasi-suspect classifications. E.g. most laws