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The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [12]
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]
Under the Equal Protection Clause, discrimination against people with disabilities is analyzed by "rational basis" scrutiny: if the discrimination has a rational basis, it is constitutional. In this case, the Court held that Congress, like the judiciary, was required to use rational basis review of state action, with its presumptions favoring ...
In his majority opinion for the Court, Associate Justice Harlan F. Stone wrote that economic regulations were "presumptively constitutional" under a deferential standard of review known as the "rational basis test". The case is most notable for Footnote Four, in which Stone wrote that the Court would exercise a stricter standard of review when ...
The concept of rational basis review can be traced to his influential 1893 article, "The Origin and Scope of American Constitutional Law." Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question." [5]
Unlike most cases where the Court uses rational basis review, the Court did not accept the city's claimed interest. Some commentators have referred to this investigation into the actual reasons for passing the law as "rational basis with bite". [2]
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 ...
Rehnquist dissented because he felt that the law needed to pass only "rational basis," as previous cases in the area, such as Stanton v. Stanton , had used only the "rational basis" test. Burger was "in general agreement with Mr. Justice Rehnquist's dissent" but penned a separate dissent to emphasize that "a litigant may only assert his own ...