Con Law Mbe Standards Of Review

Front 1

Relationship between substantive due process and equal protection

Back 1

both require the court to review the substance of a law rather than the procedures employed

Front 2

SUBSTANTIVE DUE PROCESS

Back 2

If a law limits liberty of all persons to engage in some activity, it is usually a due process question

Front 3

EQUAL PROTECTION

Back 3

If a law treats a person or class or persons differently from others, it it usually an equal protection question

Front 4

CLASS OF ONE

Back 4

SCOTUS has recognized in relation to property regulation that an equal protection claim may be brought not only for discrimination against a group, but also for arbitrary treatment against an individual- A CLASS OF ONE

Front 5

NAME THE THREE STANDARDS OF REVIEW

Back 5

1. STRICT SCRUTINY
2. INTERMEDIATE SCRUTINY
3. RATIONAL BASIS

Front 6

STRICT SCRUTINY

Back 6

Maximum Scrutiny
In order for the law to be upheld, it must be NECESSARY to achieve a COMPELLING government purpose.

Difficult test to meet, a law examined under a strict scrutiny standard will often be invalidated, especially if there is a LESS BURDENSOME alternative to achieve the government's goal

Front 7

STRICT SCRUTINY -
BURDEN OF PROOF

Back 7

THE GOVERNMENT HAS THE BURDEN OF PROOF

Front 8

REGULATIONS REVIEWED UNDER STRICT SCRUTINY

Back 8

Regulations affecting FUNDAMENTAL RIGHTS (interstate travel, privacy, voting, and first amendment rights) or involving SUSPECT CLASSIFICATIONS (race, national origin, and alienage) are reviewed under this standard

Front 9

INTERMEDIATE SCRUTINY

Back 9

If the law is SUBSTANTIALLY RELATED to an IMPORTANT government purpose it will be upheld under this standard of scrutiny

Front 10

INTERMEDIATE SCRUTINY
BURDEN OF PROOF

Back 10

UNCLEAR, BUT MOST LIKELY THE GOVERNMENT HAS THE BURDEN OF PROOF

Front 11

REGULATIONS REVIEWED UNDER INTERMEDIATE SCRUTINY

Back 11

Regulations involving QUASI-SUSPECT CLASSIFICATIONS (gender and legitimacy) are reviewed under this standard of scrutiny

Front 12

RATIONAL BASIS REVIEW

Back 12

MINIMAL SCRUTINY
If the law is RATIONALLY RELATED to a LEGITIMATE government purpose it will be upheld

This is a very easy standard to meet and the law is usually valid - unless it is ARBITRARY or IRRATIONAL

Front 13

RATIONAL BASIS REVIEW
STANDARD OF REVIEW

Back 13

The person challenging the law has the burden of proof

Front 14

REGULATIONS REVIEWED UNDER RATIONAL BASIS REVIEW

Back 14

Regulations that do NOT affect fundamental rights or involve suspect or quasi-suspect classifications (which is most laws)

this standard is used to review regulations involving classifications that are NOT suspect or quasi-suspect, such as age, disability, and poverty