As such, the guarantee of civil rights often requires government action. Unlike civil liberties, which limit government’s ability to interfere in citizens’ lives, civil rights regulate how citizens must be treated in terms of their rights to participate in government and society. Diagnostic/Quiz+ Multiple-Choice QuizzesĬhapter 5 Civil Rights Chapter Study Outline.Windsor: Will Heightened Scrutiny Stand? (FindLaw's U.S. Supreme Court Work? (FindLaw's Law and Daily Life) Find a Lawyer in Your Area (FindLaw's Lawyer Directory).These levels of scrutiny can and will continue to change as courts apply them in the future. The spectrum of scrutiny ranges from Rational Basis Review being the most relaxed on one side and Strict Scrutiny being very intense on the other end. There are many levels of scrutiny, called the spectrum, but the main three levels have been outlined here. This test typically applies to all laws or regulations which are challenged as irrational or arbitrary as well as discrimination based on age, disability, wealth, or felony status. There is no reasonable, rational link between that interest and the challenged law.Ĭourts using this test are highly deferential to the government and will often deem a law to have a rational basis as long as that law had any conceivable, rational basis - even if the government never provided one.The government has no legitimate interest in the law or policy or.Under the rational basis test, the person challenging the law (not the government) must prove either: This is the lowest level of scrutiny applied to challenged laws, and it has historically required very little for a law to pass as constitutional. As with strict scrutiny, intermediate scrutiny also places the burden of proof on the government. Some federal appellate courts and state supreme courts have also applied this level of scrutiny to cases involving sexual orientation. Supreme Court in 1976 to be used whenever a law discriminates based on gender or sex. Be substantially related to achieving the objective.Serve an important government objective, and.In order for a law to pass intermediate scrutiny, it must: The next level of judicial focus on challenged laws is less demanding than strict scrutiny. The law or regulation is narrowly tailored to achieve its result.
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