Equal Protection and Substantive Due Process Analysis

Equal Protection and Substantive Due Process Analysis - one...

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Equal Protection or Substantive Due Process Analysis of a Statute Does the classification involve a fundamental right or a suspect trait , e.g., race, national origin and in some states citizenship. Apply the strict scrutiny test : The statute must be necessary to promote a compelling governmental interest, and if a less discriminatory alternative is available to reach to same objective, it must be Yes Yes Is the classification quasi-suspect , or e.g.
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Unformatted text preview: one based on gender or legitimacy, commercial speech and citizenship in some states? No Does the classification involve economic legislation? No Apply the intermediate scrutiny test: The statute must be substantially related to an important governmental interest. Yes Apply the rational relationship test. The statute must bear a reasonable relationship to a legitimate governmental interest. Yes Does the statute create a classification?...
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This note was uploaded on 05/01/2008 for the course BUS 3305 taught by Professor Lecrone during the Spring '08 term at Baylor.

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