Abstract
This chapter analyzes the Supreme Court's general substantive standards of constitutional review. The chapter discusses the presence of implicit proportionality principles within each standard. The first section evaluates strict scrutiny and its introduction of proportionality for certain fundamental rights through the use of the language “undue burden” in Casey. The next section reviews intermediate scrutiny, giving attention to the application of proportionality to First Amendment protections of speech, particularly in the overbreadth doctrine and for commercial speech. The section also discusses the more rigorous intermediate scrutiny standard applied in the context of gender discrimination. Last, the chapter discusses rational basis, both its original traditional standards and its more recent “rational basis with bite.”
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
