Scrutiny

Question 1

Does RB affect fundamental rights or involve sus or QS classifications?

Answer 1

No & no.

Question 2

Rational Basis Test

Answer 2

Is the law

1) rationally related
2) to any legitimate govt purpose

If so, the law will be upheld under rational basis scrutiny - VERY EASY TO MEET

Question 3

What types of laws will fail to meet RB test?

Answer 3

Any that are deemed

1) arbitrary

or

2) irrational

Question 4

What are legitimate govt interests that satisfy RB?

Answer 4

safety, health, general welfare

Question 5

Rational Basis - Who has burden of proof?

Answer 5

The person challenging the law

Think about this, RB is very easy to pass and many laws are legitimately related to govt interest, therefore, the person challenging shoulders burden of proving the law fails the test

Question 6

Intermediate Scrutiny Test

Answer 6

Law is upheld if

1) substantially related to [i.e., a close fit, least restrictive means NOT req’d]
2) IMPORTANT govt purpose [less than compelling, MORE than legitimate]

NOTE: this justification goes beyond merely benefitting health, safety, general welfare

Question 7

What regulations trigger IS?

Answer 7

Those involving QS classifications

I.e., discrimination based on gender or legitimacy (child of unwed parents)

Question 8

Intermediate Scrutiny - Burden of Proof

Answer 8

Unclear; USUALLY courts place it on the govt - ASSUME GOVT

Question 9

Strict Scrutiny Test

Answer 9

Law will be upheld if it is

1) NECESSARY to achieve
- i.e., no less restrictive means

2) COMPELLING govt purpose
- i.e., is necessary or crucial for society

VERY high bar, law is usually invalidated

Question 10

Strict Scrutiny - The govt must demonstrate that the law is _____ & _____ to achieve the _____ purpose?

Answer 10

1) narrowly tailored
2) uses the least restrictive means
3) compelling

Question 11

When does SS apply?

Answer 11

1) Discrimination based on suspect class
- R ace
- A lienage
- N ational origin

2) Discrimination based on a fundamental right
- V oting
- P rivacy
- T ravel

Question 12

SS - Who has BOP?

Answer 12

Government

Question 13

What is 100% for sure way for law to fail ss test?

Answer 13

IF THERE ARE LESS RESTRICTIVE MEANS AVAILABLE

Question 14

SS - RIGHT TO PRIVACY INCLUDES

Answer 14

CAMPERS

Contraception
Abortion (lol)
Marriage
Procreation
Education (private education)
Relations (family relations)
Sexual relations

Question 15

What classifications trigger RB review?

Answer 15

Age
Disability
Wealth classifications

Question 16

Levels of govt purpose/interest (from lowest to highest)

Answer 16

legitimate - important - compelling