What is the difference between strict scrutiny and rational basis?

The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue. The rational basis test is also referred to as “rational review.”

What is the difference between strict and intermediate scrutiny?

As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.

How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny quizlet?

As with strict scrutiny (and unlike rational basis review), the government must defend the interest(s) it stated when the law was enacted, not just some conceivable legitimate interest. Intermediate scrutiny is used when a classification is based on gender or status as a non-marital child (legitimacy).

What is a strict scrutiny test?

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

What is an example of rational basis scrutiny?

Finding that the law did not interfere with the right of women to have an abortion and that the state has a legitimate interest in the proper disposal of fetal remains the Supreme Court applied the rational basis test.

What is an example of strict scrutiny?

During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny to strike down Virginia’s law banning interracial marriage.

Where does the rational basis test come from?

History. The concept of rational basis review can be traced to an influential 1893 article, “The Origin and Scope of American Constitutional Law,” by Harvard law professor James Bradley Thayer.

What are the types of scrutiny?

What Are The Levels of Scrutiny?

• Strict scrutiny.
• Intermediate scrutiny.
• Rational basis review.

Who has burden of proof in rational basis test?

In applying the rational basis test, courts begin with a strong presumption that the law or policy under review is valid. The BURDEN OF PROOF is on the party making the challenge to show that the law or policy is unconstitutional.