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Lecture 26

GOV 312L Lecture 26: GOV 312L –Standards of Scrutiny- 2.8C

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GOV 312L
Christina Bambrick

GOV 312L Standards of Scrutiny 2.8B Standards of Scrutiny o Strict scrutiny Result of footnote 4 Court will hold laws to higher scrutiny in these laws implicate aspects of political process, rights dealing with equality and maybe hurting minorities These things trigger strict scrutiny Triggered with suspect classes or fundamental rights A compelling state interest Must be narrowly tailored to the goal Use least restrictive means o Not enough to just be rational, needs to be specific o More specific = more chance of law surviving Burdened on state to demonstrate compelling interest Typical case: court applies rational basis test o As long as some rational reason can be made, the law is okay (even if reason is bad) Strict Scrutiny: raises the bar for congress o Not only do you have to show that there is a rational reason, you also have to show that there is a compelling state interest i.e. in the case of minorities, etc. o congress has to show additional stuff, the burden is not on the right bearers, burden is on congress congress: can be state (skinner v. Oklahoma) or national (Korematsu v. US) Korematsu v. US o 1941 o First case that had heightened scrutiny o First case against US govt. in which footnote 4 was triggered Fundamental rights issue Minorities issue o Court decided that compelling state interest was present Govt. had every reason to pass this o Court decided govt passed strict scrutiny test Rational basis test Applied to ask is this law rational? Is there any reason congress has to pass this law? o Even if bad reason, we cant do anything about it 1. Triggered with normal liberty interests o Govt. can limit rights o I.e. cant yell fire in theatre This is fine, because falls under rational basis test
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