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Encyclopedia > Rational basis review
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Rational basis rest, in U.S. constitutional law, is the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. The higher levels are typically referred to as intermediate scrutiny and strict scrutiny. In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ... Jump to: navigation, search Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or for the violation of basic principles of justice. ... Strict scrutiny is a standard used by the US Supreme Court in deciding whether a law or policy is to be adjudged constitutional or not. ...


The test is applied by asking whether the governmental action at issue is rationally a means to an end that may be legitimately pursued by government. In modern constitutional law, the rational basis test applies not only to the federal government, but also to the state and local government (via the Fourteenth Amendment). It also applies to both legislative and executive action whether those actions be of a substantive or procedural nature. The test has its origins in the means-ends test used in McCulloch v. Maryland in 1819. Jump to: navigation, search This article describes the government of the United States. ... Jump to: navigation, search Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses. ... Chamber of the Estates-General, the Dutch legislature. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Jump to: navigation, search Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to control national economic policy, which a bank can be considered part of. ...


Generally, to pass the rational basis test the government need only make one argument to pass the test. For example, in McCulloch, the argument was that the creation of a bank is within the rights of the Congress because such creation is a reasonable means for regulating commerce. Therefore, the court held that it was constitutional for the government to create a bank. Jump to: navigation, search Seal of the Congress. ... Jump to: navigation, search This article is about the business concept; Commerce is also the name of several places in the United States. ...


Why is the test used?

Often times, such tests as the rational basis test appear to the layman to be completely without merit and without basis in the U.S. Constitution. However, the rational basis test actually stems from a practical interpretation of the necessary and proper clause. The most obvious interpretation to most people is that Congress can only act in a way that is necessary. Given this interpretation though, Congress would be almost completely stifled in its ability to pass laws. Rarely is an action absolutely necessary. Jump to: navigation, search Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United... The necessary and proper clause (also known as the elastic clause) refers to Section 8 of Article One of the United States Constitution: To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the...


Furthermore, a paradox can be created through this "layman" approach to the necessary and proper clause. If Congress could choose means A, B, C, or D, to further the objective of regulating commerce, which means should Congress choose? Technically, none of the choices are necessary. Congress should not choose A, because with other alternatives (B, C, and D), A is not necessary. By the same logic, Congress could also not choose means B, C, or D. Therefore, this strict interpretation of the necessary and proper clause leaves Congress nearly unable to achieve some of its most basic functions. The paradox known as Buridans ass was not originated by Buridan himself. ...


The rational basis test allows Congress to choose from any of the alternatives that legitimately further the goal of regulating commerce. The necessity and propriety of legislation is the accepted interpretation of the necessary and proper clause. To inquire into necessity and propriety of the specifics of the legislation would be so constrictive as to crush the legislative branch of government.


Thus, the rational basis test allows courts to defer to the other branches on appropriate government action. The rational basis test is the default test for courts deciding questions of law regarding government action. If a government action conflicts with another constitutional value, then judges may turn to a higher level of scrutiny. These higher levels allow courts to review the constitutionality of governmental action. When courts use a higher level of review to declare governmental action unconstitutional, those who agree with the government's action view the court as having inolved itself in judicial activism. The term judicial activism typically has a negative connotation. Jump to: navigation, search This article needs a complete rewrite for the reasons listed on the talk page. ...


See also

United States Constitution

Original text: Preamble | Article 1 | Article 2 | Article 3 | Article 4 | Article 5 | Article 6 | Article 7
Jump to: navigation, search Chief Justice John Marshall John Marshall (September 24, 1755–July 6, 1835) was an American revolutionary, diplomat, and jurist. ... Jump to: navigation, search Holding Section 13 of the Judiciary Act of 1789 is unconstitutional to the extent it purports to enlarge the original jurisdiction of the Supreme Court beyond that permitted by the Constitution. ... Jump to: navigation, search Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United... Jump to: navigation, search The Preamble to the United States Constitution consists of a single sentence (a preamble) that introduces the document and its purpose. ... Article One of the United States Constitution establishes the legislative branch of government, Congress, which includes the House of Representatives and the Senate. ... Article Two of the United States Constitution creates the executive branch of the government, comprising the President and other executive officers. ... Jump to: navigation, search Article Three of the United States Constitution establishes the judicial branch of the federal (national) government. ... Article Four of the United States Constitution relates to the states. ... ... Article Six establishes the United States Constitution and the laws and treaties of the United States made in accordance with it as the supreme law of the land, and fulfills other purposes. ... Article Seven of the United States Constitution describes the crap by which the entire document is to be ratified and take effect. ...


Amendments: ( Bill of Rights: 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 ) 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 The first ten amendments to the United States Constitution are known as the Bill of Rights. This page lists all ratified and unratified amendments to the United States Constitution which have received the approval of Congress. ... Jump to: navigation, search United States Bill of Rights The Bill of Rights is the name given to the first ten amendments of the United States Constitution. ... Jump to: navigation, search The first ten Amendments to the U.S. Constitution make up the Bill of Rights. ... Jump to: navigation, search Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, protects the right of the people to keep and bear arms. ... Amendment III (the Third Amendment) of the United States Constitution is a part of the United States Bill of Rights. ... Jump to: navigation, search Amendment IV (the Fourth Amendment) of the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... Jump to: navigation, search Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... Jump to: navigation, search Amendment VI (the Sixth Amendment) of the United States Constitution guarantees rights related to criminal prosecutions in federal courts. ... Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, guarantees juries in certain civil trials. ... Jump to: navigation, search Amendment VIII (the Eighth Amendment) of the United States Constitution, which is part of the U.S. Bill of Rights, prohibits excessive bail or fines, as well as cruel and unusual punishment. ... Amendment IX (the Ninth Amendment) of the United States Constitution, which is part of the Bill of Rights, states: In his introduction before the House of Representatives of the original twelve Amendments proposed to the states, ten of which would be ratified and become known as the Bill of Rights... This article needs to be cleaned up to conform to a higher standard of quality. ... Amendment XI (the Eleventh Amendment) of the United States Constitution was passed by the US Congress on March 4, 1794 and was ratified on February 7, 1795. ... The Twelfth Amendment to the United States Constitution altered Article II relating to presidential elections. ... Amendment XIII (the Thirteenth Amendment) of the United States Constitution states: Section 1 Section 2 Congress shall have power to enforce this article by appropriate legislation. ... Jump to: navigation, search Amendment XIV (the Fourteenth Amendment) of the United States Constitution is one of the post-Civil War amendments and includes the due process and equal protection clauses. ... Contemporary drawing depicting the first vote by African-Americans Amendment XV (the Fifteenth Amendment) of the United States Constitution is one of the post-Civil War, Reconstruction amendments. ... Amendment XVI (the Sixteenth Amendment) of the United States Constitution, authorizing income taxes in their present form, was ratified on February 3, 1913. ... Jump to: navigation, search Amendment XVII (the Seventeenth Amendment) of the United States Constitution passed on April 8, 1913 and first in effect for the election of 1914, amends Article 1 Section 3 of the Constitution to provide for the direct election of Senators by the people of a state... Amendment XVIII (the Eighteenth Amendment) of the United States Constitution, along with the passage of the Volstead Act (which defined intoxicating liquors), established Prohibition. ... Nineteenth Amendment to the United States Constitution Amendment XIX (the Nineteenth Amendment) to the United States Constitution, also known as the Susan B. Anthony Amendment, was passed by a joint resolution of the U.S. Congress on June 4, 1919, and was ratified by a thirty-sixth state, Tennessee, on... Jump to: navigation, search Amendment XX (the Twentieth Amendment) of the United States Constitution, also called The Lame Duck Amendment, establishes some details of presidential succession and of the beginning and ending of the terms of elected federal officials. ... Amendment XXI (the Twenty-first Amendment) to the United States Constitution repealed the Eighteenth Amendment to the United States Constitution, which had mandated nationwide Prohibition. ... The Twenty-second Amendment of the United States Constitution sets a two-term limit for the President of the United States. ... Amendment XXIII (the Twenty-third Amendment) of the United States Constitution permits the District of Columbia to choose Electors for President and Vice President. ... Poll taxes had been enacted in eleven Southern states after Reconstruction as a measure to prevent poor black people from voting. ... Amendment XXV (the Twenty-fifth Amendment) of the United States Constitution clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. ... Jump to: navigation, search Amendment XXVI (the Twenty-sixth Amendment) of the United States Constitution states: Section 1. ... Amendment XXVII (the Twenty-seventh Amendment) to the United States Constitution reads: // History & background This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election. ...


Complete text at WikiSource
 History  History of the Constitution | Articles of Confederation | Annapolis Convention | Philadelphia Convention | New Jersey plan | Virginia Plan | Connecticut Compromise | Federalist Papers | Signatories
 Amendments  Proposed amendments | Unsuccessful amendments | Conventions to propose | State ratifying conventions
 Clauses  Commerce | Contract | Due Process | Equal Protection | Establishment | Full Faith and Credit | Intellectual property | Natural-born citizen | Necessary and Proper | No Religious Test | Privileges or Immunities | Supremacy | War Powers
 Interpretation  Congressional power of enforcement | Dormant Commerce Clause | Enumerated powers | Incorporation of the Bill of Rights | Nondelegation | Preemption | Separation of church and state | Separation of powers


 

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