Question: What Does Strict Scrutiny Mean?

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 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.

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 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.”

Is strict scrutiny in the Constitution?

In U.S. constitutional law, when a court finds that a law infringes a fundamental constitutional right, it may apply the strict scrutiny standard to nevertheless hold the law or policy constitutionally valid if the government can demonstrate in court that the law or regulation is necessary to achieve a “compelling …

What triggers strict scrutiny?

Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.

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 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 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.

What level of scrutiny is gender?

In Craig, the Court created the intermediate scrutiny test and applied it to a statute which discriminated on the basis of gender. Since then, courts have found that gender is a protected class, and any statute which discriminates on the basis of gender must undergo the intermediate scrutiny test.

What is rational basis with bite?

After recounting the judicial history that lead to the current anything-goes version of the rational basis test for economic liberty concerns, the court adopted what it termed “rational basis with bite,” which demands “actual rationality, scrutinizing the law’s actual basis, and applying an actual test.”

What is the rational basis test and why is it important?

Rational basis review tests whether the government’s actions are “rationally related” to a “legitimate” government interest. The Supreme Court has never set forth standards for determining what constitutes a legitimate government interest.

What is the reasonable basis test?

Reasonable-basis test. Definition: A test applied by courts to laws that treat individuals unequally. Sentence: Such a law may be deemed consitutional if its purpose is held to be “reasonably” related to a legitimate government interest.

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.