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In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must ...
The other levels are typically referred to as rational basis review (least rigorous) and strict scrutiny (most rigorous). In order to overcome the intermediate scrutiny test, it must be shown that the law or policy being challenged furthers an important government interest by means that are substantially related to that interest. [1] [2]
These levels of scrutiny are normally applied to legislation, but can also be applied to judicial acts and precedents (as seen in the context of challenges to the constitutionality of awards of punitive damages). In other words, the common law (including case law) is not immune to at least some minimal amount of judicial review for ...
The higher levels of scrutiny are intermediate scrutiny and strict scrutiny. [2] Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated. [1] In U.S. Supreme Court jurisprudence, the nature of the interest at issue determines the level of scrutiny applied by appellate ...
Under a rational basis test, the burden of proof is on the challenger so laws are rarely overturned by a rational basis test. [39] There is also a middle level of scrutiny, called intermediate scrutiny, but it is used primarily in Equal Protection cases, rather than in Due Process cases: "The standards of intermediate scrutiny have yet to make ...
The power of judicial review has been implied from these provisions based on the following reasoning. It is the inherent duty of the courts to determine the applicable law in any given case. The Supremacy Clause says "[t]his Constitution" is the "supreme law of the land." The Constitution therefore is the fundamental law of the United States.
The Supreme Court established the judicial precedent for suspect classifications in the cases of Hirabayashi v.United States [5] and Korematsu v. United States. [6] The Supreme Court recognizes race, national origin, and religion as suspect classes; it therefore analyzes any government action that discriminates against these classes under strict scrutiny.
Pursuant to the state constitution, the Georgia General Assembly has enacted legislation. Its session laws are published in the official Georgia Laws, [1] which in turn have been codified in the Official Code of Georgia Annotated (O.C.G.A.). [1] The Code of Georgia Annotated is another, unofficial codification published by West. [1]