Quick Answer: What Are The 3 Levels Of Scrutiny?

What are the three tests of judicial scrutiny to determine the reasonableness of classifications?

When the constitutionality of a law is challenged, both state and federal courts will commonly apply one of three levels of judicial scrutiny from the spectrum of scrutiny: Strict scrutiny.

Intermediate scrutiny.

Rational basis review..

Our infographic outlines the three most common points on the spectrum (Rational-Basis, Intermediate Scrutiny, and Strict Scrutiny). The Supreme Court has found the following situations to correspond to these levels of 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.

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 are the four factors the court uses to determine suspect classification?

Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.

What is the difference between strict scrutiny intermediate 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 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 level of scrutiny is religion?

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 is intermediate scrutiny used for?

Intermediate scrutiny is a test courts will use to determine a statute’s constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is described in further detail in the next section).

How do you know if something is constitutional?

When courts apply strict scrutiny it is most challenging for the government to demonstrate that a law is Constitutional. Three common tests that courts apply when they conduct judicial review are the rational basis, intermediate scrutiny, and strict scrutiny tests.

What level of scrutiny is disability?

Intellectual disability was therefore found to be a quasi-suspect classification, and the Fifth Circuit applied an intermediate level of scrutiny.

Is age intermediate scrutiny?

Quasi-suspect classifications receive intermediate scrutiny. 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.

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 are the elements of strict scrutiny?

This strict scrutiny standard test includes three parts: a compelling governmental interest, narrowly tailored to achieve the goal, and the least restrictive way to achieve the goal. Failure to fulfill any part of the test will result in the law being declared unconstitutional.

Is wealth a suspect class?

A basic reason wealth has been not labeled as a suspect classification, even though the courts in various cases was concerned about it leading to burdens of rights, is a belief in our capitalistic society that it is a legitimate classification.

Which test is used most often to help the Supreme Court decide equal protection cases?

When deciding equal protection cases, courts often apply standards known as the rational basis and strict scrutiny tests.