← Discover
Constitutional law · Tiers of scrutiny
Standards of Review
10 terms · by ineedtostudy · updated 4 hours ago
Sign up or log in to track what you have mastered. You can still study this set as a guest.
Flashcards
Flip through the deck and sort each card into “still learning” or “got it”.
Learn
Adaptive rounds — multiple choice first, then typing, weakest cards more often.
Match
Race the clock pairing terms with definitions. Six pairs a round.
Test
A graded mock exam: written, multiple choice and true/false, marked at the end.
Crossword
Terms become answers, definitions become clues. Solve it here or print it.
Terms in this set
Rational basis review
Upheld if rationally related to any legitimate government interest. The burden is on the challenger, and almost everything survives.
Intermediate scrutiny
Must be substantially related to an important government interest. Applies to sex and legitimacy classifications.
Strict scrutiny
Must be narrowly tailored to a compelling government interest. Applies to race, national origin and fundamental rights.
Suspect class
Race, national origin, and alienage under state law. Triggers strict scrutiny.
Quasi-suspect class
Sex and legitimacy. Triggers intermediate scrutiny; the state must show an exceedingly persuasive justification.
Fundamental right
Voting, travel, privacy, first-amendment freedoms. Burdening one triggers strict scrutiny whoever is affected.
Facial challenge
Attacks the statute itself, arguing no set of circumstances would make it valid.
As-applied challenge
Attacks the statute only as it operates against this plaintiff on these facts.
Narrow tailoring
The law must not be substantially over- or under-inclusive relative to its purpose.
Least restrictive means
Under strict scrutiny, the government must show no less burdensome alternative would work.