Law Complies With the Equal Protection Clause? Essay

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¶ … law complies with the equal protection clause?

There are three levels of review in determining whether a law complies with the equal protection clause: a) Rational basis; b) intermediate scrutiny; c) strict scrutiny. The rational basis review asks whether there is some rational relationship between disparity of treatment and some legitimate governmental purpose. The intermediate scrutiny test is the newest adopted by the courts. Intermediate scrutiny involves a statutory classification that is related to an important governmental objective. The final test is strict scrutiny. This test is far more stringent than either rational basis or intermediate scrutiny. This standard is to be applied in situations where suspect classifications or fundamental rights are at stake.

Explain the concept of preemption.

This concept arises from the Supremacy Clause of the U.S. Constitution. Under this concept certain legal matters are considered to be of such national importance that federal laws take priority over state laws. Preemption, thereby, prohibits any state to pass any law that proves to be inconsistent with the federal law. The same concept can also be applied in relation to state laws vs. local laws or ordinances where the state law would preempt the local laws.

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Essay on Law Complies With the Equal Protection Clause? Assignment

The Commerce Clause's significance arises from its empowering Congress to possess exclusive power over trade among the states and foreign countries and Indian tribes. Trade exclusively within the borders of an individual state is outside the… [END OF PREVIEW] . . . READ MORE

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Law Complies With the Equal Protection Clause?.  (2011, July 15).  Retrieved July 11, 2020, from https://www.essaytown.com/subjects/paper/law-complies-equal-protection-clause/673836

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