Strict Scrutiny vs. Rational Basis Forum
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Anonymous posting is only appropriate when you are sharing sensitive information about bar exam prep. You may anonymously respond on topic to these threads. Unacceptable uses include: harassing another user, joking around, testing the feature, or other things that are more appropriate in the lounge.
Failure to follow these rules will get you outed, warned, or banned."
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caveman2
- Posts: 104
- Joined: Sun Mar 13, 2011 9:32 pm
Strict Scrutiny vs. Rational Basis
I swear that every time I get a con law question about levels of scrutiny and I read the facts I think to myself "Oh, this has to do with voting/marriage/whatever, so it must be strict scrutiny," and then I go to look at the answer and it's like "Lol no it's rational basis." It drives me up the wall. Does anyone have some kind of shortcut/rule of thumb for how to know when it's definitely strict scrutiny and when it's rational basis? At this point I'm kind of just going by "when in doubt, choose rational basis."
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BrokenMouse
- Posts: 1273
- Joined: Fri May 16, 2014 1:14 pm
Re: Strict Scrutiny vs. Rational Basis
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Last edited by BrokenMouse on Thu Apr 28, 2016 8:23 pm, edited 1 time in total.
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anon sequitur
- Posts: 690
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Re: Strict Scrutiny vs. Rational Basis
I was in a similar situation, and also just decided to mentally assume rational basis unless I could articulate clearly why it was something else. This helped me to sharpen the categories in my mind and build up a little more systematic understanding rather than trying to sort every potential action into multiple categories.
