Lect5PoliSci412Feb5

Lect5PoliSci412Feb5 - Political Science 411 Constitutional...

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Political Science 411 Constitutional Law Schweber Lecture 6 February 5, 2009 Syllabus 2/5 Tiers of Scrutiny: Rational Basis and Beyond Readings: * Plessy v. Ferguson , 1372-76 * (1897) * United States v. Carolene Products (1938) Here we look at the first cases that tried to define the requirements of due process. Some of you may already be familiar with the idea of “tiers of scrutiny,” which is simply the principle that courts do not review all laws in the same way. There are three levels of possible judicial scrutiny: Strict Scrutiny, Intermediate Scrutiny, and Rational Basis. Each of these “tiers” is defined in terms of a means-ends test: to be upheld, a law must be found to be either “narrowly tailored” to achieve “compelling state interests” (if strict scrutiny is applied), “reasonably tailored” to achieve “important state interests” (intermediate), or “rationally related” to “legitimate state interests” (rational basis). These early cases were all couched in terms of what today would be called “rational basis scrutiny.” Some questions: o Does the Fourteenth Amendment create substantive rights? Is a purely procedural reading of “due process” possible, or desirable? o What is the justification for the “state action” doctrine?
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This note was uploaded on 04/06/2009 for the course POLI SCI 412 taught by Professor Staff during the Spring '08 term at Wisconsin.

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Lect5PoliSci412Feb5 - Political Science 411 Constitutional...

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