What are the rational basis, intermediate scrutiny, and strict scrutiny tests?

Summary

This video explains the three legal tests used by courts to assess the constitutionality of laws: rational basis, intermediate scrutiny, and strict scrutiny. These tests evaluate the government's purpose behind the law and how well the law achieves that purpose. Rational basis is the easiest test for the government, requiring only a rational link to a legitimate purpose. Intermediate scrutiny demands a substantial relationship to an important purpose. Strict scrutiny is the hardest, requiring a compelling purpose and that the law is narrowly tailored to achieve it in the least restrictive way.

Takeaways

• 📜 Courts apply rational basis, intermediate scrutiny, and strict scrutiny tests to determine the constitutionality of laws.
• ❗ Other tests may be applied by courts as well, but these three are commonly used.
• ⚖️ Each test considers two factors: the purpose of the law and how the law achieves that purpose.
• 🔍 Rational basis requires that the law has a legitimate government purpose with a rational relationship to it.
• 📈 Intermediate scrutiny demands that the law has an important government purpose and a substantial relationship to achieving it.
• 🔥 Strict scrutiny requires the law to have a compelling government purpose and be narrowly tailored or the least restrictive means to achieve it.
• 🚶 The rational basis test is the easiest for the government to meet because the challenger must prove no rational relationship exists.
• 🏋️ Intermediate scrutiny is more challenging as the government must prove a substantial relationship between the law and an important purpose.
• 💥 Strict scrutiny is the toughest for the government, requiring proof of a compelling purpose and the least restrictive means to achieve it.
• 📝 These tests are essential tools for courts when assessing the constitutionality of laws.

Q & A

What are the three tests that courts apply to determine the constitutionality of a law?

The three tests are the rational basis test, intermediate scrutiny test, and strict scrutiny test.

What factors do courts consider when applying these tests?

Courts consider two factors: the purpose of the law and the relationship between the law and the government's purpose.

How is the government’s purpose evaluated under these tests?

The government's purpose can be evaluated as legitimate, important, or compelling, with 'legitimate' being the easiest to prove and 'compelling' the most difficult.

What is the rational basis test?

The rational basis test requires the party challenging the law to show that there is no rational relationship between the law and a legitimate government purpose.

What is required under the intermediate scrutiny test?

The intermediate scrutiny test requires the government to demonstrate a substantial relationship between the law and an important government purpose.

What does the strict scrutiny test require?

The strict scrutiny test requires the government to show that the law serves a compelling purpose and is narrowly tailored or the least restrictive means to achieve that purpose.

Which test is the easiest for the government to pass?

The rational basis test is the easiest for the government to pass.

Which test is the most difficult for the government to pass?

The strict scrutiny test is the most difficult for the government to pass.

How does the rational basis test differ from strict scrutiny?

The rational basis test requires a rational relationship between the law and a legitimate government purpose, whereas strict scrutiny requires the law to be the least restrictive way to achieve a compelling purpose.

Why is the relationship between the law and the government's purpose important in these tests?

The relationship between the law and the government's purpose determines how closely the law aligns with its goal, which influences whether the law is constitutional. The closer the relationship, the more likely the law will pass stricter tests.