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What is the difference between rational basis and strict scrutiny?
Wiki User
∙ 16y ago
Almost every law that comes under strict scrutiny has been reversed, and almost every law that has come under rational scrutiny has been upheld. The different levels of scrutiny define the different standards the state law must pass. For a law to pass strict scrutiny, it must be narrowly tailored and least restrictive and the state must have a compelling state interest for its enactment. For a law to pass rational scrutiny, it must be rational (the law can be over-inclusive and under-inclusive) and the state has to show that it was accomplished legally. The state only has to show that the reason for its enactment is legitimate. The burden of proof also shifts from the defendant in rational scrutiny to the state in strict scrutiny.
Wiki User
∙ 16y ago
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What test does the Supreme Court use in discrimination cases?
Rational basis test for economic issues, strict scrutiny test for racial and fundamental liberty issues, and midlevel scrutiny for gender issues
Laws that concern grouping individuals by race are subjected to .?
strict scrutiny
What is Strict scrunity is?
Strict scrutiny is very critical observation or examination.
What is Strict-scrutiny?
All of the above are true
What is the rigorous test to which a legal classification can be put and any law subjected to this level of scrutiny is unlikely to be found constitutional?
Strict scrutiny
What is strict scrutiny?
All of the above are true
Which level of scrutiny is used to allow a law that restricts important rights when there is no other way to meet the government's need?
strict scrutiny
Which level of scrutiny is used to allow a law that restricts important rights when there is no other way to meet the government's needs?
strict scrutiny
What is the most rigorous test to which a legal classification can be put and any law subjected to this level of scrutiny is unlikely to be found constitutional.?
Strict scrutiny
Strict scrutiny was first used in what case?
Korematsu v. United States
What degree of scrutiny does the US Supreme Court require for death penalty appeals?
The US Supreme Court requires "heightened scrutiny" for death penalty appeals. Heightened scrutiny is an intermediate level of judicial review between "strict scrutiny" and "rational basis." To withstand the heightened scrutiny test, the law or policy must "further an important government interest by means that are substantially related to that interest.""The standard of review for an appeal from a capital murder conviction and death sentence is that of "heightened scrutiny"; all doubts are to be resolved in favor of the accused because what may be harmless error in a case with less at stake becomes reversible error when the penalty is death." Thorson v. State, 2007 WL 2446474 (Miss. 2007)
What applies to the laws that touch on basic rights of a suspect class?
The strict scrutiny test.
