Rational Basis Standard of Review

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Rational Basis Standard of Review

Postby ejrubin » Sat Dec 18, 2010 4:27 pm


Con law student here. I have a question about the rational basis standard of review. According to my notes:

The rational basis test asks:
1.) Is there a real problem
2.) Is the (government) solution rationally or reasonably related to the problem

My question is: Is there any requirement that the solution must not be unduly burdensome? Is that a part of it?


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Re: Rational Basis Standard of Review

Postby Helmholtz » Sat Dec 18, 2010 4:31 pm

Only thing you need for the rational basis test is whether the means are rationally related to a legitimate government objective. Extreme deference to the legislature (usually) and the rationality of the means can be completely hypothetical, conjectured by the Court. No requirement of anything being unduly burdensome.

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