Constitutional Law: Intermediate Scrutiny

Questions and Answers

What is intermediate scrutiny?

The same as strict scrutiny

A test used to determine a law's constitutionality (correct)

Only applies to commercial speech

A law that restricts all speech

What must the government show to pass intermediate scrutiny?

The challenged classification serves an important state interest and is substantially related to that interest.

What are fundamental rights?

Rights that can be easily limited by law

Rights only concerning freedom of speech

Rights requiring high protection from government encroachment (correct)

Rights explicitly listed in the Constitution

What is an example of fundamental rights?

The right to marry and the right to privacy. Signup and view all the answers

Match the following terms with their definitions:

Footnote Four = Established the rational basis test and heightened scrutiny for laws targeting minorities. Strict Scrutiny = The most rigorous test determining if laws restricting speech are constitutional. Rational Basis Test = The lowest level of judicial review for laws not implicating fundamental rights. Signup and view all the answers

Strict scrutiny requires a compelling government ______.

interest Signup and view all the answers

Give an example when strict scrutiny can be applied.

When a fundamental constitutional right is infringed. Signup and view all the answers

What does the rational basis test assess?

Whether a law is rationally related to a legitimate government purpose. Signup and view all the answers

What type of laws does the rational basis test typically involve?

Laws involving age discrimination, disability discrimination, or the Congressional regulation of aliens. Signup and view all the answers

Study Notes

Intermediate Scrutiny

A constitutional test to evaluate laws based on their classification.
Requires the government to demonstrate an important state interest and a substantial relationship between the classification and that interest.
Validates government actions limiting speech if narrowly tailored to further a significant state interest.
Applies to commercial speech and content-neutral regulations, such as time/place restrictions (e.g., noise ordinances).
Less rigorous than strict scrutiny and more so than rational basis review.
Commonly used in gender equal protection challenges and certain First Amendment cases, including policies on school uniforms and local pamphleteering laws.

Fundamental Rights

Rights with a high level of protection against government interference, as recognized by the Supreme Court.
Found notably in the Constitution and the Bill of Rights, as well as through the Due Process Clause.
Laws restricting these rights must undergo strict scrutiny; examples include the right to marry and the right to privacy encompassing contraception and interstate travel.

Footnote Four

Originated from US v. Carolene Products Company, establishing the rational basis test.
Introduced heightened scrutiny for laws that explicitly target "discrete and insular minorities."
The case involved aspects related to milk regulation.

Three Parts of Judicial Scrutiny

Inclusion of a "facial challenge" element.
Examination of whether the law distorts or manipulates the political process.
Assessment of discrimination against minority groups.

Strict Scrutiny

The strictest form of judicial review used by the Supreme Court.
Evaluates the constitutionality of laws restricting speech, requiring a "compelling government interest."
Laws must be narrowly tailored to serve that interest.

Example of Strict Scrutiny

A hypothetical situation wherein comments about health conditions like genital warts are treated differently based on the individuals involved, illustrating inconsistent application of scrutiny.

Chaplinsky v. New Hampshire

A notable case illustrating the conduct of Jehovah’s Witnesses in relation to hate speech and the use of public discourse.

Examples for Strict Scrutiny Application

Infringement of fundamental constitutional rights, such as the right to a fair trial.
Situations targeting individuals based on race, origin, or religion.

Rational Basis Test

Used in cases involving libel, obscenity, and fighting words.
A form of judicial review assessing the constitutionality of statutes not involving fundamental rights or suspect classifications.
Presumes laws are constitutional unless failing the rational basis test, requiring them to be rationally related to a legitimate government objective.
The burden of proof is on challengers to prove the lack of any legitimate purpose; commonly applied to age and disability discrimination statutes.

Description

This quiz covers the concept of intermediate scrutiny in constitutional law, detailing its requirements and applications. It highlights how this test evaluates government actions and protections, especially regarding gender equality and fundamental rights. Prepare to explore the relationship between classifications and governmental interests.