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402
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Political Science
Date
Dec 6, 2023
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docx
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Uploaded by AgentThunder5333
When the government wants to limit people’s behaviors, or to treat people differently from each
other, the government must prove that the proposed limitations meet one of two tests.
These are
the
“rational basis test”
and the “
compelling state interest”
test.
GROUP ONE:
Rational basis test:
In situations NOT involving limiting constitutional rights, or protected
classes (such as race, religion, national origin, or sexual orientation, the government can limit
behavior if it can prove a “rational basis” to a “legitimate state interest”. In City of New Orleans
v. Dukes
, 427 U.S. 297 (1976), the US Supreme Court held:
Unless a classification trammels fundamental personal rights or is drawn upon
inherently suspect distinctions such as race, religion, or alienage . . . any
classifications other than these must only be rationally related to a legitimate
state interest. . .States are accorded a wide latitude in the regulation of their
local economies. . .
How many examples of this type of limitation can you name?
Please list them below.
To qualify for this list, the example you give must be a situation where the government is either
1) Limiting people’s behaviors, OR 2) treating people differently.
However, in this first type of limitation, the government’s limitations DO NOT effect rights
protected by the Constitution, AND the government’s limitations ARE NOT based on a protected
classification such as race, religion, national origin, or sexual orientation.
These are the
requirements of the rational basis test, which all proposed government limitations of this type
must meet.
List your examples of government limitations on people’s behaviors which are subject to the
rational basis test.
GROUP TWO:
Compelling state interest test:
In other situations, the government seeks to limit people’s
behaviors which ARE protected by the Constitution, OR to treat people differently based upon a
protected class such as race, religion, national origin, or sexual orientation.
When the
government does this, it must meet the compelling state interest test.
As Justice Brennan wrote in NAACP v. Button
, “The decisions of this Court have consistently
held that only a compelling state interest in the regulation of a subject within the State's
constitutional power to regulate can justify limiting First Amendment freedoms.”
NAACP v.
Button
, 371 U.S. 415, 438 (1963)
To satisfy the compelling state interest test the government must prove:
1) That limiting the person’s behavior or that treating them differently meets a very important
need of society.
It is not enough that the government prove that the action is sensible.
The
government must prove that the need for its action is very important. I think of this as the NEED
requirement.
2) That limiting the person’s behavior, or treating them differently, is very effective in addressing
the government’s need. I think of this as the EFFECTIVENESS requirement.
3) That the proposed limitations on people’s behaviors are the narrowest and most limited that
are possible.
I think of this as the FOCUSED requirement.
When the government seeks to limit people’s Constitutionally protected behavior, of when the
government seeks to treat people differently based upon protected classifications, the
government must prove that the limitations are needed, effective, and focused.
These are the
requirements of the Compelling State Interest test.
List your examples of government limitations on people’s behaviors which are subject to the
compelling state interest test.
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