Levels of Scrutiny Flashcards
1
Q
rational basis test
A
Law is UPHELD if it is RATIONALLY RELATED to a LEGITIMATE GOVERNMENT PURPOSE
gov purpose - just need a conceivable purpose
challender has BOP of showing no conceivable legit purpose or not rationally related
2
Q
intermediate scrutiny
A
law is UPHELD if it is SUBSTANTIALLY RELATED to an IMPORTANT government purpose
purpose - look at ACTUAL PURPOSE
substantially related - very good way to achieve goal
BOP - gov has BOP
3
Q
strict scrutiny
A
law is upheld if it is NECESSARY to achieve a COMPELLING government purpose
look to actual purpose
necessary - must be the least restrictive alternative (no other way to achieve it)
BOP - on gov