After proving this, the court will typically scrutinize the governmental action in one of several three ways to determine whether the governmental body’s action is permissible: these three methods are referred to as strict scrutiny, intermediate scrutiny, and rational basis scrutiny.
What are the tests used to determine whether a law comports with the Equal Protection Clause?
What are the tests used to determine whether a law comports with the equal protection clause? When a law distinguishes between individuals there must be an interest for the state to distinguish between the people. … A law violates substantive due process when it limits individuals without furthering a public interest.
What are three tests judges use to determine whether conduct meets the equal protection standard?
There are three judicial review tests: the rational basis test, the intermediate scrutiny test, and the strict scrutiny test.
Which test is used most often to help the Supreme Court decide equal protection cases?
Equal protection cases are often decided by applying standards like these: The Rational Basis Test– does the classification bear a reasonable relationship to the achievement of some proper governmental purpose?
What is the equal protection clause in simple terms?
Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.
What is the 14th Amendment in simple terms?
The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United States—including former enslaved people—and guaranteed all citizens “equal protection of the laws.” One of three amendments passed during the Reconstruction era to abolish slavery and …
What are the 3 levels of scrutiny?
Then the choice between the three levels of scrutiny, strict scrutiny, intermediate scrutiny, or rational basis scrutiny, is the doctrinal way of capturing the individual interest and perniciousness of the kind of government action.
What is the difference between due process and equal protection?
Substantive due process protects criminal defendants from unreasonable government intrusion on their substantive constitutional rights. … The equal protection clause prevents the state government from enacting criminal laws that arbitrarily discriminate.
What are the most important Supreme Court cases?
Landmark United States Supreme Court Cases
- Marbury v. Madison (1803) …
- McCulloch v. Maryland (1819) …
- Gibbons v. Ogden (1824) …
- Dred Scott v. Sandford (1857) …
- Schenck v. United States (1919) …
- Brown v. Board of Education (1954) …
- Gideon v. Wainwright (1963) …
- Miranda v. Arizona (1966)
How can the 14th Amendment be violated?
Washington , the U.S. Supreme Court rules that the due process clause of the 14th Amendment (which guarantees the right to a fair hearing that follows the rules) is violated when a state law fails to explain exactly what conduct is prohibited.
What are the two basic types of due process?
Due process under the Fifth and Fourteenth Amendments can be broken down into two categories: procedural due process and substantive due process. Procedural due process, based on principles of fundamental fairness, addresses which legal procedures are required to be followed in state proceedings.