This high level of scrutiny is also applied whenever a "fundamental right" is being threatened by a law, like the right to marriage. Supreme Court has determined that legislation or government actions that discriminate on the basis of race, national origin, religion, and alienage must pass this level of scrutiny to survive a challenge that the policy violatesĬonstitutional equal protection. This is the highest level of scrutiny applied by courts to government actions or laws. Although these tests aren't exactly set in stone, there is a basic framework for the most common levels of scrutiny applied to challenged laws. It also determines which party - the challenger or the government - has the burden of proof. Scrutiny that's applied determines how a court will go about analyzing a law and its effects. When the constitutionality of a law is challenged, both state and federal courts will commonly apply one of three levels of judicial scrutiny from the spectrum of scrutiny: ![]() University of Vermont Law Review article, and this University of Pittsburgh Law Review article. Notably, the Supreme Court has refused to endorse the application of strict scrutiny to gun regulations, leaving open the question of which precise standard of review is to be employed when addressing theįor more on strict scrutiny, see this Catholic University Law Review article, this ![]() Restrictions on content-based speech, for instance, are to be reviewed under the strict scrutiny standard as well. The application of strict scrutiny, however, extends beyond issues ofĮqual protection. Suspect classification. Suspect classifications include race, national origin, religion, and alienage. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a The other two standards are intermediate scrutiny and rational basis review. Review which a court will use to evaluate the constitutionality of governmental discrimination. Strict scrutiny is the highest standard of What is the lowest level of review by a court to determine whether a government action unconstitutional infringes on protected rights?.What are the three levels of scrutiny that the courts use in determining whether a law violates the equal protection clause?.What are the three levels of scrutiny used by courts THE determine quizlet?. ![]()
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