Constitutional Law: Intermediate Scrutiny

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.