Question: What Falls Under Strict Scrutiny?

What are the three levels of scrutiny for equal protection cases?

Equal Protection Analysis After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny..

What is a compelling interest?

An interest is compelling when it is essential or necessary rather than a matter of choice, preference, or discretion.

Who has the burden of proof in strict scrutiny?

Once a court determines that strict scrutiny must be applied, it is presumed that the law or policy is unconstitutional. The government has the burden of proving that its challenged policy is constitutional.

What is the minimum rationality test?

minimum rationality test. (nonsuspect): the court asks whether the government had a rational basis for making a law that treats a given class of people differently; standard of review used by the courts to evaluate laws that make a nonsuspect classification.

What is minimum scrutiny?

This is the lowest level of scrutiny applied to challenged laws, and it has historically required very little for a law to pass as constitutional. Under the rational basis test, the person challenging the law (not the government) must prove either: The government has no legitimate interest in the law or policy; or.

What falls under intermediate scrutiny?

In the free speech context, intermediate scrutiny is the test or standard of review that courts apply when analyzing content-neutral speech versus content-based speech. Content-based speech is reviewed under strict scrutiny in which courts evaluate the value of the subject matter or the content of the communication.

What are the 3 levels of scrutiny?

You’ve likely heard that there are three levels of scrutiny used by courts to evaluate the constitutionality of laws: rational basis review, intermediate scrutiny, and strict scrutiny.

What level of scrutiny is age?

Finally, there are groupings courts usually consider to be legitimate. These groupings can be among other things, age-based, criminal record-based, or class-based, and receive “rational basis” scrutiny. As previously mentioned, the level of scrutiny determines what conditions a law must meet to be constitutional.

Is age a suspect classification?

Legislation discriminating on the basis of religion or ethnicity, as well as those statutes that affect fundamental rights, also are inherently suspect. The Supreme Court has not recognized age and gender as suspect classifications, though some lower courts treat gender as a suspect or quasi-suspect classification.

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.

What is the difference between strict scrutiny 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.

What is strict scrutiny AP Gov?

strict scrutiny. a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal.