Rational Basis Test The purpose of the law in question must be a Legitimate governmental purpose. The means (the classification created by the law) must.

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Presentation transcript:

Rational Basis Test The purpose of the law in question must be a Legitimate governmental purpose. The means (the classification created by the law) must be rationally related to the purpose. Presumption of constitutionality Deference to Congress or state legislature One _______ at a ________ doctrine

Purpose Any conceivable purpose. Fritz (RH) McGowan v. Md. (1961) Schweiker v. Wilson (1981) FCC v. Beach Communications (1993) TH Cf. articulated purpose; actual purpose

Purpose, continued BR: actual purpose approach ____________ purpose controls; if there is no purpose articulated in the law, use actual purpose. To discern actual purpose, use __________ ___________. E.g., Moreno (1973)

The means (the classification created by the law) For the means: Use underinclusiveness concept. Use overinclusiveness concept. For the means and the purpose: Use one step at a time doctrine.