Social Sciences and History / Unit 7 SSH 0635 worked example, 60 to 90 seconds
Three Standards of Scrutiny: Applying the Right One
The idea
The exam asks which standard a court applies under the equal protection clause to a given distinction, and the anchor names three. Rational basis, for most forms of discrimination: the burden is on those challenging the law to show there is no good reason for treating them differently; the anchor's examples are a disability that prevents a job's essential functions and a driver too young. Intermediate scrutiny, for sex and gender: the burden is on the government to show an important governmental interest. Strict scrutiny, for race, ethnicity, national origin and religion: the government must show a compelling interest and no alternative means.
In practice
Given "a minimum driving age", rational basis; the challenger must prove it irrational. Given "a state excludes women from a public military college", intermediate, and the state must show an important interest. Given "a state assigns children to schools by race", strict, and the state must show a compelling interest served no other way. Ask what attribute the law sorts by, then who carries the burden and how heavy it is.
Where people slip
The trap is the burden's direction: under rational basis it lies on the challenger; under the other two, on the government. The second trap is the expansion the anchor describes, adding sexual orientation and disability to the logic without a named tier.
Your place on the trail
Every lesson rests on earlier ones and opens later ones. Tap any to jump.
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