Assignment 2

1 page typed and double-spaced, cover page, with sources, cited both in-text and on a reference page).  Please answer the questions completely (Do not recopy questions in your work).

Answer the following questions:

One of the most difficult constitutional questions is how to distinguish between constitutional and unconstitutional classifications. The Supreme Court uses three tests for this purpose: the rational basis test, the strict scrutiny test, and the heightened scrutiny test. Explain where the constitution uses these tests and why?

 THE RATIONAL BASIS TEST  – Test to determine whether a law complies with the equal protection requirement and places the burden of proof on the parties attacking the law. The person alleging discrimination must show that the law has no rational or legitimate governmental goal.

 SUSPECT CLASSIFICATIONS AND STRICT SCRUTINY  – When a law is subject to the strict scrutiny test, the burden shifts; for the law to be constitutional, the government must show that there is both a “compelling governmental interest” to justify the classification and no less restrictive way to meet this compelling interest.

QUASI-SUSPECT CLASSIFICATIONS AND HEIGHTENED SCRUTINY  – To sustain a law under the heightened scrutiny test, the government must show that its classification serves “important governmental objectives.”