What are the strict scrutiny standard and the rational basis (or minimum rationality) standard? What sort of classification system would cause the Supreme Court to apply each standard to determine whether a discriminatory law is constitutionally

Question

permissible? Under what circumstances would it apply an intermediate standard? Give an example of a law that would be subject to each standard of review. Do you agree with this three-tiered approach? Why or why not?

What will be an ideal response?

Answer 1

An ideal response will:
1, Define the strict scrutiny standard, which requires that the discrimination must be the least restrictive way to achieve a permissible government goal.
2, Define the rational basis test, which refers to the fact that the government must have a rational foundation for the discrimination.
3, Identify racial classifications as those that are given strict scrutiny by the Supreme Court.
4, Identify a range of classifications such as age, wealth, mental capacity, and sexual orientation as those that are subject to the rational basis test.
5, Identify gender classifications as those that would be evaluated by the courts using an intermediate standard.
6, Provide an example of a law that would receive strict scrutiny, such as racial affirmative action programs.
7, Provide an example of a law that would be judged under the rational basis test, such as a law requiring those over the age of eighty to get a new driver's license more frequently than those eighty years old or younger.
8, Provide an example of a law that would be evaluated using an intermediate standard, such as a law permitting women to marry at age 14, but not permitting men to marry until age 17.
9, Indicate agreement or disagreement with this three-tiered approach. Answers will vary, but some may argue that all forms of discrimination are equally troubling and should all be treated the same. Others may argue that some sorts of discrimination may be reasonable under some circumstances, but other sorts of discrimination are seldom tolerable (giving examples). Therefore, different sorts of standards are appropriate.