Standards of Constitutional Review

The video tutorial explains how laws are reviewed for constitutionality, emphasizing that any law passed by the government must be based on an express power granted by the Constitution. It discusses how laws affect rights and the standards courts use to determine constitutionality, including minimum rationality, strict scrutiny, and intermediate standards. The tutorial highlights that different standards apply depending on whether a law affects fundamental or non-fundamental rights, with strict scrutiny applied to laws affecting fundamental rights and intermediate standards used in cases of gender or national origin discrimination.

What must a law be based on to be considered constitutional?

• A recommendation from the Supreme Court

• A popular vote

• A decision by the President

• An express power granted by the Constitution

Which standard applies to laws affecting non-fundamental rights?

• Maximum rationality

• Strict scrutiny

• Intermediate scrutiny

• Minimum rationality

What is required for a law to pass the strict scrutiny standard?

• It must be substantially related to a compelling government interest

• It must be endorsed by the President

• It must be approved by the majority of the population

• It must be related to a legitimate government interest

In which cases is the intermediate standard applied?

• Discrimination based on education level

• Discrimination based on income

• Discrimination based on gender or national origin

• Discrimination based on age

Why is it important to understand the different standards applied by courts?

• To ensure all laws are passed by Congress

• To guarantee all laws are approved by the President

• To understand how laws affect different rights

• To predict the outcome of any legal case