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Re: Wisconsin Caps cappedFrom: DoctorJoe@aol.comSun Jul 31 18:17:10 2005
In a message dated 7/31/05 11:03:42 AM, garrys@mindspring.com writes:
> What is a rational basis review, and why is it held in such low When someone is analyzing a law or statute for constitutionality purposes, there are a number of levels of judicial review which can be used, depending on the apparent infringement on constitutional rights. If the law on its face restricts some constitutionally guaranteed right, e.g. freedom of speech, or clearly has the effect of infringing on that right, the law undergoes strict scrutiny. Strict scrutiny means that the law must serve an overwhelmingly compelling state interest, there must not be any reasonable alternative avenues, and then the law must be narrowly-tailored to suit the purpose intended. If a law is suspect, but not apparently overtly burdensome of some constitutional right, the court will use intermediate scrutiny where the court looks for some evidence, even if empirical, that law might actually have effect that it's designed for, i.e. nondiscriminatory rational relationship to problem at hand but the intent is not discriminatory. Finally, if the law does not appear to burden a constitutionally protected right at all, the court uses loose scrutiny and looks for just some rational relationship to a legitimate state purpose and is not arbitrary, even if actual plan may not really work (basically, lawmakers have discretion and can be wrong, they just can’t be arbitrary). Hope that makes sense. LOL Joe P.
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