Levels of Scrutiny Flashcards
What are the 3 levels of scrutiny?
1) strict
2) intermediate
3) rational basis
If the classification is race, what level of scrutiny should be applied?
Strict
If the classification is gender, what level of scrutiny should be applied?
Intermediate
If the classification is illegitimacy, what level of scrutiny should be applied?
Intermediate
If the classification is quasi-suspect, what level of scrutiny should be applied?
Intermediate
If the classification is alienage, what level of scrutiny should be applied?
Strict
If a fundamental right is being impaired. what level of scrutiny should be applied?
Strict
If the classification is suspect, what level of scrutiny should be applied?
Strict
If the classification is age, what level of scrutiny should be applied?
Rational Basis
If the classification is dealing with economic regulation, what level of scrutiny should be applied?
Rational Basis
Who has the burden in proving strict scrutiny applies?
The government
Who has the burden in proving intermediate scrutiny applies?
The government
What does the challenger have to prove in a rational basis argument?
The challenger has to prove that the classification is not rationally related to a legitimate government purpose.
With strict scrutiny, the law or regulation in question will be upheld only if the government shows that the classification is necessary to achieve a _______ government purpose, they cannot achieve their purpose through _____, and the law is _____
compelling
less discriminatory means
narrowly tailored
With intermediate scrutiny, the law or regulation in question will be upheld only if the government shows that the classification is ____ related to achieving an _____ government purpose
substantially
important
