BUSN 1101 Lecture Notes - Lecture 2: Rational Basis Review, Equal Protection Clause, Strict Scrutiny

• School: Northeastern University
• Department: Business Administration
• Course: BUSN 1101
• Professor: Kenneth Jones

Document Summary

Chapter 4 reviewing : why does this statute raise equal protection issues instead of substantive due process concerns, equal protection, like substantive due process, relates to the substance of a law or other governmental action. However, when a law or action limits the liberty of all persons, it may violate substantive due process. When a law or action limits the liberty of some persons but not others, it may violate the equal protection clause. 2) intermediate scrutiny this is applied in cases involving discrimination based on gender or legitimacy. Rational basis test in matters of economic or social welfare, a classification will be considered valid if there is any conceivable rational basis on which the classification might relate to a legitimate government interest. Why: i believe that the court would apply the rational basis test to this situation. In the book it talks about the court and how they cited the problem caused by alcohol, including drunk driving.