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Intermediate scrutiny

Intermediate scrutiny

CLEP American Government, Chapter 24 Intermediate scrutiny Intermediate scrutiny ordinarily governs government classifications based on sex. Government must offer an exceedingly persuasive justification: the objective must be important, and the sex classification must be substantially related to achieving it. This test demands evidence and fit rather than a merely plausible story. Broad assumptions that women […]

Rational-basis review

Rational-basis review

CLEP American Government, Chapter 24 Rational-basis review Rational-basis review is the ordinary equal-protection standard for classifications that do not involve a suspect or quasi-suspect class or an independently recognized fundamental right. It commonly governs age, disability, and social or economic distinctions. The law survives when a rational relationship connects the classification to a legitimate governmental […]

Standards of judicial scrutiny

Standards of judicial scrutiny

Equal Protection Clause

Equal Protection Clause

Tensions between liberty and public safety

Tensions between liberty and public safety

Substantive due process

Substantive due process

Personal decision-making

Personal decision-making

Sexual privacy

Sexual privacy

Family autonomy

Family autonomy

Marriage rights

Marriage rights

Reproductive rights

Reproductive rights

Constitutional right to privacy

Constitutional right to privacy