What is the rational basis test quizlet?

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Terms in this set (8)

Affirmative Action

The requirement, imposed by law or administrative regulation, that an organization (business firm, government agency, labor union, school, or college) take positive steps to increase the number or proportion of women, African Americans, or other minorities in its membership.

naturalization

A legal action conferring citizenship on an alien

Equal Protection Clause

The Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution prohibits states from denying any person within its territory the equal protection of the laws. This means that a state must treat an individual in the same manner as others in similar conditions and circumstances. The Federal Government must do the same, but this is required by the Fifth Amendment Due Process.

Rational basis test

a test courts may use to determine the constitutionality of a statute or ordinance. To pass rational basis review, the challenged law must be rationally related to a legitimate government interest. Rational basis is the most lenient form of judicial review, as both strict scrutiny and intermediate scrutiny are considered more stringent. Rational basis review is generally used when in cases where no fundamental rights or suspect classifications are at issue.

Strict scrutiny test

used to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. A famous quip asserts that strict scrutiny is "strict in name, but fatal in practice." Accordingly, there exists a concern that an exceedingly rigid application of strict scrutiny will categorically invalidate legislation, while allowing courts to forego a true evaluation of a given laws purpose and value.

tightened scrutiny test

test courts will use to determine a statute's constitutionality. Intermediate scrutiny is only invoked when a state or the federal government passes a statute which negatively affects certain protected classes (this is described in further detail in the next section). To pass intermediate scrutiny, the challenged law must:
further an important government interest
and must do so by means that are substantially related to that interest.
As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.

de jure segregation

segregation by law, segregation that is required by government

de facto segregation

segregation "by fact", segregation that arises as a result of social and economic conditions such as housing patterns

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What is the purpose of the rational basis test quizlet?

Rational basis test is used: Burden of proof is on the plaintiff to show that there is no rational basis whatsoever for the government's rules. Applied to cases involving treatment based on gender, inheritance with regards to illegitimate children, or sexual orientation.

What is the purpose of the rational basis test?

A test used to determine whether a law or governmental regulation or action violates the equal protection clause. The rational basis test is used in most circumstances, such as reviewing economic regulations.

What is meant by rational basis quizlet?

Rational Basis test. a test the Supreme Court developed to determine if a law is discriminatory, which is applied to laws dealing with age, disability, income, and similar categories. Plessey v. Furgeson. case that established "seperate but equal" treatment as constitutional.

What is rational basis scrutiny quizlet?

Rational basis test. Lowest level of scrutiny, requires only that the government's objective be a goal that it is legitimate for the government to pursue. ( any conceivable legislative purpose is sufficient) Intermediate Scrutiny. law will be upheld if it is substantially related to an important government purpose. (