Lesson 21: Levels of Scrutiny

Welcome to Lesson 21 of our series on Exploring Constitutional Law. Today we dive into the concept of Levels of Scrutiny, a crucial aspect of the Equal Protection Clause.

Note: Understanding the Levels of Scrutiny is essential for analyzing cases involving equal protection.

Introduction to Levels of Scrutiny

The Equal Protection Clause of the Fourteenth Amendment ensures that individuals are treated equally under the law. Courts use different levels of scrutiny to evaluate the constitutionality of laws that classify individuals based on certain characteristics.

Three Levels of Scrutiny

Rational Basis Review
Intermediate Scrutiny
Strict Scrutiny

Rational Basis Review

Rational Basis Review is the most lenient form of judicial review. Here, laws are presumed to be constitutional as long as they have a reasonable relation to a legitimate government interest.

Rational Basis Review: 1. Must be rationally related to a legitimate government interest. 2. Burden of proof is on the challenger.

Intermediate Scrutiny

Intermediate Scrutiny is applied to classifications such as gender and legitimacy. It requires that the law furthers an important government interest by means that are substantially related to that interest.

Intermediate Scrutiny: 1. Must further an important government interest. 2. Means must be substantially related to that interest. 3. Burden of proof is on the government.

Strict Scrutiny

Strict Scrutiny is the most stringent level of review, used for classifications based on race, national origin, and fundamental rights. The law must serve a compelling government interest and be narrowly tailored to achieve that interest.

Strict Scrutiny: 1. Must serve a compelling government interest. 2. Must be narrowly tailored to achieve that interest. 3. Burden of proof is on the government.

graph TD A["Levels of Scrutiny"] B["Rational Basis Review"] C["Intermediate Scrutiny"] D["Strict Scrutiny"] A --> B A --> C A --> D B --> E["Rationally related to a legitimate government interest"] C --> F["Important government interest and substantially related"] D --> G["Compelling government interest and narrowly tailored"]

Visualizing the Levels of Scrutiny

Let's visualize the differences between these levels of scrutiny using a simple bar chart.

Conclusion

Understanding the levels of scrutiny is essential for analyzing equal protection cases. Each level has distinct requirements and burdens of proof, and is used in different types of classifications.

For more insights on the Equal Protection Clause, explore our lesson on the Equal Protection Clause.