Rational basis review
Encyclopedia
Rational basis review, in U.S. constitutional law
, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment
or Fourteenth Amendment
. Rational basis is the lowest level of scrutiny that a court applies when engaging in judicial review
. The higher levels of scrutiny include intermediate scrutiny
and strict scrutiny
. Rational basis is the default level of review; however, rational basis review does not usually apply in situations where a suspect or quasi-suspect classification
is involved, or a fundamental right is implicated.
in 1819. The actual introduction of the rational basis review came in 1938 in United States v. Carolene Products Co.
, where rational basis became separate and distinct from strict scrutiny
.
and state law
(via the Fourteenth Amendment
). This test also applies to both legislative
and executive
action whether those actions be of a substantive
or procedural nature.
Congress is required to have a rational basis for legislation that, without it, might violate a right of a person under the U.S.
Constitution's
Fourteenth Amendment's
Equal Protection Clause
but is not required to validate scientific conclusions to the same degree that may be required in academic science; rather, the legislative reasoning must not be arbitrary.
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, refers to a level of scrutiny applied by courts when deciding cases presenting constitutional due process or equal protection issues related to the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
or Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. Rational basis is the lowest level of scrutiny that a court applies when engaging in judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. The higher levels of scrutiny include intermediate scrutiny
Intermediate scrutiny
Intermediate scrutiny, in U.S. constitutional law, is the second level of deciding issues using judicial review. The other levels are typically referred to as rational basis review and strict scrutiny ....
and strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
. Rational basis is the default level of review; however, rational basis review does not usually apply in situations where a suspect or quasi-suspect classification
Suspect classification
In American jurisprudence, a suspect classification is any classification of groups meeting a series of criteria suggesting they are likely the subject of discrimination...
is involved, or a fundamental right is implicated.
Overview
The rational basis review tests whether a governmental action is a reasonable means to an end that may be legitimately pursued by the government. This test requires that the governmental action be “rationally related” to a “legitimate” government interest. Under this standard of review, the “legitimate interest” does not have to be the government’s actual interest. Rather, if the court can merely hypothesize a “legitimate” interest served by the challenged action, it will withstand the rational basis review.History
The rational basis review received its origin from the means-ends test used by the U.S. Supreme Court in McCulloch v. MarylandMcCulloch v. Maryland
McCulloch v. Maryland, , was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland...
in 1819. The actual introduction of the rational basis review came in 1938 in United States v. Carolene Products Co.
United States v. Carolene Products Co.
United States v. Carolene Products Company, 304 U.S. 144 , was an April 25, 1938 decision by the United States Supreme Court. The case dealt with a federal law that prohibited filled milk from being shipped in interstate commerce...
, where rational basis became separate and distinct from strict scrutiny
Strict scrutiny
Strict scrutiny is the most stringent standard of judicial review used by United States courts. It is part of the hierarchy of standards that courts use to weigh the government's interest against a constitutional right or principle. The lesser standards are rational basis review and exacting or...
.
Applicability
In modern constitutional law, the rational basis test is applied to constitutional challenges of both federal lawFederal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
and state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
(via the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
). This test also applies to both legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
and executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
action whether those actions be of a substantive
Substantive due process
Substantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...
or procedural nature.
Congress is required to have a rational basis for legislation that, without it, might violate a right of a person under the U.S.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Constitution's
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
Fourteenth Amendment's
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Equal Protection Clause
Equal Protection Clause
The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
but is not required to validate scientific conclusions to the same degree that may be required in academic science; rather, the legislative reasoning must not be arbitrary.
See also
- Buck v. BellBuck v. BellBuck v. Bell, , was the United States Supreme Court ruling that upheld a statute instituting compulsory sterilization of the unfit, including the mentally retarded, "for the protection and health of the state." It was largely seen as an endorsement of negative eugenics—the attempt to improve...
- City of Cleburne v. Cleburne Living Center, Inc.City of Cleburne v. Cleburne Living Center, Inc.City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432 , was a U.S. Supreme Court case involving discrimination against the mentally retarded....
- Due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
- Equal Protection ClauseEqual Protection ClauseThe Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws"...
- John MarshallJohn MarshallJohn Marshall was the Chief Justice of the United States whose court opinions helped lay the basis for American constitutional law and made the Supreme Court of the United States a coequal branch of government along with the legislative and executive branches...
- Marbury v. MadisonMarbury v. MadisonMarbury v. Madison, is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring...
- Plyler v. DoePlyler v. DoePlyler v. Doe, , was a case in which the Supreme Court of the United States struck down a state statute denying funding for education to illegal immigrants and simultaneously struck down a municipal school district's attempt to charge illegal immigrants an annual $1,000 tuition fee for each illegal...
- Romer v. EvansRomer v. EvansRomer v. Evans, 517 U.S. 620 , is a landmark United States Supreme Court case dealing with civil rights and state laws. It was the first Supreme Court case to deal with LGBT rights since Bowers v...
- Skinner v. OklahomaSkinner v. OklahomaSkinner v. State of Oklahoma, ex. rel. Williamson, 316 U.S. 535 , was the United States Supreme Court ruling which held that compulsory sterilization could not be imposed as a punishment for a crime, on the grounds that the relevant Oklahoma law excluded white-collar crimes from carrying...