Equal Protection Clause: Strict Scrutiny, Intermediate Scrutiny, and Rational Basis Test

📚 Quick Study Guide

• ⚖️ Equal Protection Clause: Part of the Fourteenth Amendment, it prohibits states from denying any person within their jurisdiction the equal protection of the laws.
• 🧐 Levels of Scrutiny: Courts use different levels of scrutiny to determine if a law violates the Equal Protection Clause. These levels are strict scrutiny, intermediate scrutiny, and rational basis review.
• 🔒 Strict Scrutiny:
  • 🎯 Trigger: Applied when a law discriminates based on race, national origin, or infringes upon fundamental rights.
  • ✅ Test: The law must be narrowly tailored to serve a compelling government interest.
  • 📝 Burden of Proof: The government bears the burden of proving the law is constitutional.
• 중간 Intermediate Scrutiny:
  • 🎯 Trigger: Applied when a law discriminates based on gender or legitimacy.
  • ✅ Test: The law must be substantially related to an important government interest.
  • 📝 Burden of Proof: The government bears the burden of proving the law is constitutional.
• 🤔 Rational Basis Review:
  • 🎯 Trigger: Applied when a law does not discriminate based on suspect classifications (like race or gender) or infringe upon fundamental rights.
  • ✅ Test: The law must be rationally related to a legitimate government interest.
  • 📝 Burden of Proof: The challenger (the person claiming the law is unconstitutional) bears the burden of proving the law is unconstitutional.

Practice Quiz

1. What level of scrutiny is applied to laws that discriminate based on race?
1. A. Rational Basis Review
2. B. Intermediate Scrutiny
3. C. Strict Scrutiny
4. D. Minimal Scrutiny
2. Under strict scrutiny, what must the government demonstrate to justify a discriminatory law?
1. A. The law is rationally related to a legitimate government interest.
2. B. The law is substantially related to an important government interest.
3. C. The law is narrowly tailored to serve a compelling government interest.
4. D. The law is the least restrictive means available.
3. Which classification typically triggers intermediate scrutiny?
1. A. Age
2. B. Gender
3. C. Wealth
4. D. Disability
4. A law requiring all police officers to be at least 5'10" tall is challenged as discriminatory against women. Which level of scrutiny would likely be applied?
1. A. Strict Scrutiny
2. B. Intermediate Scrutiny
3. C. Rational Basis Review
4. D. Undue Burden Test
5. Which party bears the burden of proof under rational basis review?
1. A. The Government
2. B. The Plaintiff (Challenger)
3. C. Both parties equally
4. D. The Supreme Court
6. A state law prohibits individuals with disabilities from teaching in public schools. Which level of scrutiny is MOST likely to be applied?
1. A. Strict Scrutiny
2. B. Intermediate Scrutiny
3. C. Rational Basis Review
4. D. Heightened Scrutiny
7. Which of the following best describes a 'compelling government interest' under strict scrutiny?
1. A. Any goal the government wishes to pursue.
2. B. An interest that is important to some citizens.
3. C. An interest of the highest order, essential to society.
4. D. An interest that is rationally related to public welfare.