Test applied to determine compliance with equal protection of laws
LEVELS OF SCRUTINY
LEVEL
RIGHTS
REQUISITES
FOR VALIDITY
Rational Basis –
Re EP: important
when there is no
plausible difference
between the
advantaged and
disadvantaged
classes and when
government
attaches a morally
irrelevant and
negative significance
to the difference
Economic,
property,
commercial
laws
1) Legitimate
government
interest
2) Purpose
and means
corresponden
ce
There must be a
mere reasonable
or rational
relation between
the means
employed by the
law and its
object or
purpose – that
the law is neither
arbitrary nor
discriminatory
nor oppressive.
Burden of Proof: One
assailing the statute
Intermediate/Heig
htened
Gender,
illegitimacy
1) Substantial
or important
government
interest
2) Availability
of less
restrictive
means
FOR EQUAL
PROTECTION:
CLASSIFICATI
ON MADE
Classifications
in general;
It should bear
a
reasonable
relation to
the
government
’s purpose.
Needs only be
shown to be
rationally
related to
serving a
legitimate
state interest
SAME; Court
accepts the
legislative
purpose but
scrutinizes
relationship
between the
classification
and purpose.
REQUISITES
FOR VALID
CLASSIFICAT
ION
1)
Substantial
distinction
2) Germane
to the
purpose of
the law
3) Not
limited to
existing
conditions
only
4) Must
apply
equally to all
within the
class
There must
be an
important
state
interest and
that
classification
is
substantially
related to
serving that
interest.
Applicable
to
sensitive,
Strict Scrutiny
Burden of Proof: On
the State
Freedom of
the mind,
restrictions
on political
process
Fundamental
rights of
freedom of
expression,
speech,
suffrage,
judicial
access,
interstate
commerce
1) Compelling
state interest
2) Absence of
less restrictive
means
Existence of a
grave and
immediate danger
of substantive evil
which the State
has the right to
prevent.
Affects
fundamental
rights;
Suspect
classification:
One which
violates a
fundamental
right or
prejudices a
person
accorded
special
protection by
the
Constitution;
includes that
based on
income
(Serrano v.
Gallant)
Challenge to
the statute is
premised on
the denial of
a
fundamental
right, or the
perpetuation
of prejudice
against
persons
favored by
the
Constitution
with special
not
suspect
classes;
Important,
not
fundament
al
SAME
protection.