Summary of scrutiny

Question 1

Strict scruitny

Answer 1

narrowly tailored, compelling
if *, then narrow tailoring means necessary and no more narrow alternative

*Art IV DCC; P&IC
standard: important, no non-discriminatory means available
prohibitive test for DCC
*impairment of public contracts

privacy rights (except abortion, homosexuality, and medical treatment)
right to travel, right to vote
*racial classifications (if express, or intent with disparate impact)
*alienage classifications (except: self-gov’t, democracy, immigration; illegal alien children)

*content-based speech regulation (but intermediate for commercial speech)
prior restraints
freedom of association
free exercise of religion (if not a law of general applicability)

no other means:
Art IV: DCC, P&I
Race
Alienage, 
Contracts
Content-based Speech

Question 2

Intermediate scrutiny

Answer 2

substantially related, important
impairment of private contracts
gender classifications (if express, or intent with disparate impact) + exceedingly persuasive justification
alienage discrimination against children of undocumented alien
non-marital children discrimination (legitimacy)

commercial free speech regulation

Question 3

Rational basis

Answer 3

rationally related, legitimate (note: burden on π)
economic rights (except takings and contracts clause)
international travel
right to practice in a profession or trade
right to physician assisted death
right to education
mere disparate impact (race, gender)
alienage discrimination if self-gov’t, democratic process or Congress against aliens
other challenges where no fundamental right or suspect or quasi-suspect classification is involved

government speech

Question 4

Other scrutinies

Answer 4

abortion: undue bruden test
Unknown:
right to engage in consensual adult homosexual activity
right to refuse medical treatment
right to possess firearms

Question 5

Clauses

Answer 5

5th Am. DP: makes 14th Am. run against federal gov’t (can only sue Feds under 5th)
Art IV: P&I Clause (runs against states only)
14th Am: PoI Clause, DP Clause, EP Clause (runs against states only, unless via 5th Am.)

Question 6

Scrutiny mnemonic

Answer 6

Intermediate scrutiny — substantially related to important government interest

• intermediate = important
• scrutiny = substantial

strict scrutiny— (necessary + compelling) necessary to achieve a compelling govt purpose

rational basis— (reasonably + legitimate ) reasoably related to a legitimate govt interest
rational basis