Quick Answer: What Is The Strict Scrutiny Test Quizlet?

What are the three 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.

What three tests are associated with discrimination in law?

Three tests associated with discrimination include the reasonable-basis test, strict-scrutiny test, and suspect classifications. The reasonable-basis test when applied by courts permits unequal treatment for certain laws.

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 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 is the lowest level of court scrutiny?

rational basis testThe Court has also identified certain rights that it deems to be fundamental rights, even though they are not enumerated in the Constitution. The strict scrutiny standard is one of three employed by the courts in reviewing laws and government policies. The rational basis test is the lowest form of judicial scrutiny.

What is intermediate scrutiny quizlet?

Intermediate scrutiny applies to government discrimination regarding sex and illegitimacy. … Such laws will be presumptively invalid, absent a showing by the state that the measure is necessary to achieve a compelling state interest.

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.

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 does strict scrutiny refers to?

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. … 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 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.

Which of the following is used by the courts when protected classes are concerned?

1) race; 2) ethnicity; 3) national origin; 4) if classification is by state law, alienage.

Which is a drawback of becoming a suspect class quizlet?

Which is a drawback of becoming a suspect class? It can strike down laws that might discriminate in favor of the class.

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 are the three levels of scrutiny used by the Supreme Court quizlet?

Only invidious discrimination is not allowed. The Supreme Court developed three different tests or standards for determining if state laws violate the Equal protection clause. These three tests are referred to as rational basis, strict scrutiny, and intermediate scrutiny.