LAW 531-001 – Constitutional Law I

Scrutiny


Minimal Scrutiny

Under minimal scrutiny, the challenger has the burden of proving that the law is not rationally related to a legitimate government objective.

Intermediate Scrutiny

Under intermediate scrutiny, the government has the burden of proving that the actual purpose of the law is important and that the law is substantially related to the accomplishment of that purpose.

Strict Scrutiny

Under strict scrutiny, the government has the burden of proving that the law is necessary to accomplish a compelling government objective.

Strict scrutiny is usually only applied when a fundamental due process right is violated or when a decision is based on race.