What is rational basis test for equal protection?
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 an example of rational basis test?
The Supreme Court applied the rational basis test to determine if the law enacted by the federal government should overrule state marriage laws. As more and more states began to allow same-sex marriage, the Court saw that DOMA could be used to deny the rights of individuals based on sexual orientation.
Who has the burden under rational basis test?
In applying the rational basis test, courts begin with a strong presumption that the law or policy under review is valid. The BURDEN OF PROOF is on the party making the challenge to show that the law or policy is unconstitutional.
How does the rational basis test for equal protection differ from the strict scrutiny test?
The intermediate scrutiny test and the strict scrutiny test are considered more stringent than the rational basis test. The rational basis test is generally used when in cases where no fundamental rights or suspect classifications are at issue. The rational basis test is also referred to as “rational review.”
What is the rational basis test for Equal Protection?
Rational Basis. The lowest standard for a law to pass under an equal protection challenge is the rational basis test. A law must have only a legitimate interest, and that the law rationally undertakes that interest. Classifications that fall under this test include mentally challenged people, LGBT, children of illegal aliens, etc.
What is the rational basis test in constitutional law?
In the context of constitutional law, the rational basis test is considered to be the ‘lowest’ standard of review. In other words, it’s easy for a law to pass the rational basis test because the standard is relatively low.
What does the Equal Protection Clause mean in simple terms?
The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides “nor shall any State deny to any person within its jurisdiction the equal protection of the laws”.
What is rational basis review under the 14th Amendment?
Rational basis review. In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.