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L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Test.

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Presentation on theme: "L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Test."— Presentation transcript:

1 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Test

2 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible Test

3 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible Test Any rational explanation (Court may hypothesize)

4 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible“Important” Test Any rational explanation (Court may hypothesize)

5 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible“Important” Test Any rational explanation (Court may hypothesize) “Substantially related”

6 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible“Important” “Compelling” Test Any rational explanation (Court may hypothesize) “Substantially related”

7 L EVEL OF C ONSTITUTIONAL S CRUTINY Rational Basis Intermediate Scrutiny Strict Scrutiny Threshold Governmental Objective Permissible“Important” “Compelling” Test Any rational explanation (Court may hypothesize) “Substantially related” Necessary (“narrowly tailored”) to achieve the purpose

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