What are Judicial Restraint vs Judicial Activism.
What is Included in the US Constitution?.The goal of reducing traffic accidents or promoting motorist safety is sufficient to find the statute constitutional. As such, this law would need to have a rational connection to a legitimate state goal. This law is not related to a fundamental right rather, it is related to the privilege of driving. Example: The state passes a law concerning the speed limit on state highways.This case did not involve a fundamental right, so this lower standard became applicable to all similar cases. In that case, SCOTUS held that the government has the right to create general restrictions on private conduct for the purpose of regulating the economy, so long as the government action is not "arbitrary, discriminatory, or demonstrably irrelevant" to the action regulated. The Supreme Court developed the Rational Basis standard of review in the 1934 case, Nebbia v. The standard is higher if the law affects a fundamental right, such as due process or equal protection rights. This standard applies to laws that affect a non-fundamental right or one that is not expressly protected under the Constitution, such as social welfare and economic matters.Īs such, it is the default standard by which the court reviews a law to determine constitutionality. The classification must have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts that can be used to justify the classification. Next Article: Strict Scrutiny- Standard of Review Back to: CONSTITUTIONAL LAW What does the Minimum Rationality standard require? This standard is applied when determining the Constitutionality of laws that do not affect an individual's fundamental rights. This standard, also known as the Rational Basis Standard of Review, requires that a law have a rational connection to a permissible state end (a legitimate goal of the government) to be Constitutional.
#STRICT SCRUTINY VS RATIONAL BASIS UPDATE#
Update Table of Contents What is the Minimum Rationality standard for Constitutional Review? What does the Minimum Rationality standard require? Discussion Practice Question Academic Research What is the Minimum Rationality standard for Constitutional Review?
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