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Name the three tests that courts use to determine whether a law or action violates the Equal Protection Clause?

  • Name the three tests that courts use to determine whether a law or action violates the Equal Protection Clause. How do they differ and do you believe that it is necessary to have three separate tests or could one test suffice? Can you guys help me with as much information you have on these two questions as possible?

  • Answer:

    The first or lowest level of test is the rational basis test. A law which treats people differently according to classification X (whether that's age, economic status, sexual orientation, or countless other kinds of classifications) will be upheld so long as X is rationally related to some legitimate purpose. This standard presumes that the laws being challenged are permissible. Most laws are upheld. The second or intermediate test is the heightened scrutiny test. A law which treats people differently according to sex or illegitimacy of childbirth will be struck down unless the classification is substantially related to an important governmental goal. This standard presumes the laws are impermissible. Many, but not all, laws are struck down. The third or highest test is the strict scrutiny test. A law which treats people differently according to race will be struck down unless the law is narrowly tailored to a compelling governmental goal. This standard also presumes the laws are impermissible. Almost all laws are struck down. I, personally, do not believe that the courts should have created this multi-tiered system. The first two standards are nothing more than legislating from the bench; they do not at all fulfill the known goal of "the people" who adopted the 14th Amendment. History makes it perfectly clear that the Equal Protection Clause was intended to ban racial discrimination by government. There is no other known purpose. "The people" who adopted the 14th wouldn't even allow women to vote. They referred to gay men as "sodomites." And illegitimate children?!?!? The first two standards are self-awarded opportunities for judges to strike down laws they do not like.

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