Strict Scrutiny vs. Rational Basis Forum

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caveman2

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Strict Scrutiny vs. Rational Basis

Post by caveman2 » Mon Feb 22, 2016 11:34 pm

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."

BrokenMouse

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Re: Strict Scrutiny vs. Rational Basis

Post by BrokenMouse » Tue Feb 23, 2016 12:46 am

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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

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Re: Strict Scrutiny vs. Rational Basis

Post by anon sequitur » Tue Feb 23, 2016 9:14 pm

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.

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