Levels of Scrutiny Flashcards
Rational Basis requires a law be ____________ related to a(n) _______ government ______________.
Rational Basis requires a law be rationally related to a legitimate government purpose.
In Rational Basis analysis, the burden is on the ______________ to prove that the law is/is not rationally related.
In Rational Basis analysis, the burden is on the CHALLENGER to prove that the law is NOT rationally related.
Under a Rational Basis review, the __________ usually prevails.
Under a Rational Basis review, the government usually prevails.
Under Intermediate Scrutiny, a law is upheld if it is _________ related to a(n) _______ government ______.
Under Intermediate Scrutiny, a law is upheld if it is substantially related to an important government purpose.
“Substantially Related” may be referred to as “______________ly ____________.”
“Substantially Related” may be referred to as “Narrowly Tailored.”
Under Intermediate Scrutiny, the burden of proof is on the ____________.
Under Intermediate Scrutiny, the burden of proof is on the government.
Under Strict Scrutiny, a law is upheld if it is ____________ to achieve a(n) _______ government ______.
Under Strict Scrutiny, a law is upheld if it is necessary to achieve a compelling government purpose.
Under _________ Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.
Under Strict Scrutiny, the Court will look to the government’s actual purpose in enacting a law or statute.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Gender, the law is subject to what level of scrutiny?
Intermediate Scrutiny.
Intermediate Scrutiny applies to Equal Protection violations on the basis of Gender.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of Race or National Origin, the law is subject to what level of scrutiny?
Strict Scrutiny.
Strict Scrutiny applies to Equal Protection violations on the basis of Race, National Origin, or Religion.
If the government violates the Equal Protection Clause by treating differently two otherwise similarly situated individuals by a law that discriminates on the basis of age, the law is subject to what level of scrutiny?
Rational Basis.
Rational Basis applies to Equal Protection violations on the basis of age, as well as violations on all categories outside of the Strict and Immediate Scrutiny categories.
