Questions and Answers
Which of the following are levels of scrutiny?
What is Rational Basis?
Applies where there is disparate impact; plaintiff must prove no rational relation to any legitimate governmental interest.
What must the government prove under Intermediate Scrutiny?
The classification is substantially related to an important government interest.
What does Strict Scrutiny require the government to prove?
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What constitutes a Suspect Class?
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What is the Public Function Exception to alienage?
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Who receives Intermediate Scrutiny?
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Who receives Rational Basis review?
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Study Notes
Levels of Review
- Three Levels of Review: Rational Basis, Intermediate Scrutiny, Strict Scrutiny.
Rational Basis
- Application: Used when there is a disparate impact.
- Plaintiff's Burden: Must show no rational relationship between the classification and a legitimate governmental interest.
- Outcome: Plaintiffs usually lose; applies to age, disability, and certain alienage classifications enacted by Congress.
Intermediate Scrutiny
- Government's Burden: Must demonstrate that the classification is substantially related to an important government interest.
- Applicable Cases: Government discrimination based on sex and illegitimacy falls under this level of scrutiny.
Strict Scrutiny
- Government's Demands: Must prove that the classification is necessary to serve a compelling government interest.
- Key Requirements: Must show no alternative means and that the law is narrowly tailored.
- Classifications Affected: Primarily applies to race, alienage, and national origin. Such laws are likely to be invalid unless a compelling interest is shown.
Suspect Class
- Characteristics: Classifications that receive strict scrutiny include alienage (state), domestic travel, national origin, race, and voting.
Public Function Exception to Alienage
- Definition: States are permitted to exclude non-citizens from certain government positions crucial to self-governance.
- Applicable Roles: Includes police officers, government officials, and public school teachers. Exemption does not apply to non-civil service jobs.
Intermediate Scrutiny Classifications
- Groups Covered: Includes gender, illegitimacy, undocumented alien children, and affirmative action policies.
Rational Basis Review Classifications
- Groups Covered: Encompasses age, federal alienage, disability, sexual orientation, wealth, and all other classifications not covered by higher scrutiny levels.
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Description
Explore the three levels of judicial scrutiny: Rational Basis, Intermediate Scrutiny, and Strict Scrutiny. This quiz will test your understanding of how each level applies to various classifications and the burdens placed on both plaintiffs and the government. Get ready to delve into important legal concepts that shape discrimination cases.
