What is the rational basis test quizlet?
Rational Basis Test: A classification is presumed valid so long as it is rationally related to a constitutionally permissible state interest. intermediate scrutiny: distinctions on the grounds of gender must be substantially related to an important government objective.
What is the purpose of the rational basis test quizlet?
Rational basis test is used: Burden of proof is on the plaintiff to show that there is no rational basis whatsoever for the government’s rules. Applied to cases involving treatment based on gender, inheritance with regards to illegitimate children, or sexual orientation.
What is the process of a rational basis review quizlet?
To pass rational basis review, the challenged law must be rationally related to a legitimate government interest. 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 does the rational basis test require?
The Requirements of the Test To pass the rational basis test, the statute or ordinance must have a legitimate state interest, and there must be a rational connection between the statute’s/ordinance’s means and goals.
What is an example of the rational basis test?
A test used to determine whether a law or governmental regulation or action violates the equal protection clause. For example, laws that affect persons on account of their race, a “suspect class,” are subject to strict scrutiny and must be justified by the government with a compelling reason.
What are the three levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is the process of a rational basis review?
One standard of review that is used frequently by courts to resolve constitutional quandaries is the rational basis test. Under the rational basis test, a court must determine whether a law is rationally related to a legitimate government interest. If the answer is yes, the law is constitutional and can be applied.
What does rational basis apply to?
In modern constitutional law, the rational basis test is applied to constitutional challenges of both federal law and state law (via the Fourteenth Amendment). This test also applies to both legislative and executive action whether those actions be of a substantive or procedural nature.
What is an example of rational basis?
What is an example of rational basis test?
For example, a state law that prohibits performing dentistry without a license deprives laypersons of their constitutionally protected rights to make contracts freely and discriminates against those unable or unwilling to obtain a license.
What is the test for rationality?
Where a court is asked to set aside legislation on the grounds that it breaches the principle of legality because the law is not rationally connected to the legitimate government purpose for which it is passed, the threshold is low.
What is the purpose of the rational basis test?
Rational Basis Test. A judicial standard of review that examines whether a legislature had a reasonable and not an Arbitrary basis for enacting a particular statute. Courts employ various standards of review to assess whether legislative acts violate constitutionally protected interests.
Can a court find a rational basis for a law?
This means that a court is permitted to find a rational basis for a law, even if it is one that was not articulated by the legislature. Because of these factors, application of the rational basis test usually results in the upholding of the law.
Who is Brittany in the rational basis test?
Brittany is a licensed attorney who specializes in criminal law, legal writing, and appellate practice and procedure. Want to watch this again later? Log in or sign up to add this lesson to a Custom Course. The rational basis test is a standard of review used to resolve constitutional questions in law.
What is the burden of proof in the 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. To meet this burden, the party must demonstrate that the law or policy does not have a rational basis.