Con Law: Scrutiny:

Question 1

Rational Basis Test: Law or statute must be:

Answer 1

Rationally related to a

Legitimate (or conceivable) purpose

Question 2

Rational Basis Test: Burden of proof on:

Answer 2

challenger

Question 3

Intermediate Scrutiny: Law or statute must be:

Answer 3

Substantially related to a

Important actual purpose

Question 4

Strict scrutiny: Law or statute must be:

Answer 4

Necessary to achieve a
Compelling actual purpose by the
Least restrictive means possible.

Question 5

Intermediate Scrutiny: Burden of proof on:

Answer 5

government

Question 6

Strict scrutiny: Burden of proof on:

Answer 6

government

Question 7

Suspect Class: When discriminated against use Strict Scrutiny NORA

Answer 7

National Origin
Race
Alienage

Question 8

Quasi-Suspect Class LUG (When discriminated against use Intermediate Scrutiny)

Answer 8

Legitimacy
Undocumented alien children
Gender

Question 9

When discriminated against use Rational Basis test: WAIT-DONE

Answer 9

Wealth
Age
Illegal Aliens
Travel, International

Disability
Orientation
National origin (gov’t purposes only)
Employment (public)

Question 10

Rights triggering strict scrutiny:

Answer 10

Travel (w/i the country), the right to
Voting

Control raising children
Religion, free exercise of
Association
Contraception
Keeping the family together
Speech

Marriage
Procreation

Question 11

Not fundamental rights: rational basis review: (3)

Answer 11

Practice a trade or profession
Physician assisted death
Education