Levels of Scrutiny Flashcards
Rational Basis (Minimal Scrutiny)
Regulations that do not affect fundamental rights or involve suspect
or quasi-suspect classifications (most laws) are reviewed under the rational basis standard: The law is upheld if it is rationally related to a legitimate government purpose.
Intermediate Scrutiny
Regulations involving quasi-suspect classifications (that is, gender and legitimacy) are reviewed under the intermediate scrutiny standard: The law is upheld if it is substantially related to an
important government purpose
Strict Scrutiny (Maximum Scrutiny)
Regulations affecting fundamental rights (for example, interstate travel, voting, and First Amendment rights) or involving suspect classifications (that is, race, national origin, and alienage) are reviewed under the strict scrutiny standard: The law is upheld if it is necessary (that is, the least restrictive means) to achieve a compelling government purpose.