Nothing in the Constitution requires more exacting scrutiny than rational basis review and deference to the government is often appropriate. The person objecting to the law must prove that the law does not have a rational … Strict scrutiny (Wex page) Overview. Testing your knowledge of the rational basis test is simple using this short quiz and worksheet. Does it still serve its intended purpose? The so-called "rational" basis test as it relates to BSL is the lowest form of scrutiny; it is an argument made by lawyers who are paid by states and municipalities to skirt individuals' constitutional rights. Three common tests that courts apply when they conduct judicial review are the rational basis, intermediate scrutiny, and strict scrutiny tests. Further, in rational basis scrutiny, empirical support is … The rational basis test is a judicial review test. This article makes three main points. rational basis: n. a test of constitutionality of a statute, asking whether the law has a reasonable connection to achieving a legitimate and constitutional objective. The Requirements of the Test. Each test considers two factors: what is the purpose of the law and how closely is the law related to that purpose. How has the rational basis test changed over time? The test is less intensive than “strict scrutiny” or “intermediate review,” which are used when legislation affects certain types of persons that the Supreme Court has found are due additional protection because they have been discriminated against historically. The rational basis test is not only constitutional but also desirable. A judicial review test is what courts use to determine the constitutionality of a statute or ordinance. Professor Jeffrey Jackson of Washburn School of Law explores the development of this baseline test over the past 138 years. The rational basis test is the easiest test for the government.
Under rational basis scrutiny, the means need only be "rationally related" to a conceivable and legitimate state end. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. Rational Basis Test The rational basis test is used in most circumstances, such as reviewing economic regulations. All opinions expressed are those of the speaker. As always, the Federalist Society takes no particular legal or public policy positions.