A. Three standardsThere are three keyStandards of reviewWhich reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) theMere rationalityStandard; (2) theStrict scrutinyStandard; and (3) theMiddle-level reviewStandard

Review of the three standards

Three basic standards continue to emerge in the constitution. When the court to review the constitutionality of the government behavior, generally choose one of the three criteria: (1) the standard of pure reason; (2) the strict standard of review and (3) neutral standard.

1 Mere rationalityOf the three standards, the easiest one to satisfy is the"Mere rationality"Standard. When the court applies this "mere rationality" standard, the court willUpholdThe governmental action so long as two requirements are met

1Pure reason:In three standard, the most easily satisfied is purely rational standard. When the court applied this standard spring, as long as the government to meet the two requirements, the court will make a ruling.

A. Legitimate state objectiveFirst, the government must be pursuing aLegitimate govern mental objectiveThis is a very broad concept. – practically any type of health, safety or "general welfare" goal will be found legitimate. to be ""

AObjective: first of all, the government. Legislation must comply with the legal purpose. This is the concept, the most extensive in reality, any relevant health, safety or public welfare objectives are considered to be constitutional.

B. Rational relationSecond, there has to be a"Minimally rational relation"Between the means chosen by the government and the state objective. This requirement, too, is extremely easy to satisfy: only if the government has acted in a completely"Arbitrary and irrational"Way will this rational link between means and end not be found

B: rational association: second, must have a minimum of rational association as a means of federal and state governments to follow. This requirement is also very easy to be satisfied, association only government completely arbitrary and irrational this method and the results will not be found.

2 Strict scrutinyAt the other end of the spectrum, the standard that is hardest to satisfy is the"Strict scrutiny"Standard of review. This standard will only be satisfied if the governmental act satisfies two very tough requirements

Strict censorship: on the other hand, strictly examine the standard is hard to meet the. This standard only when to do the government behavior to meet the two difficult requirements.

A. Compelling objectiveFirst, theObjectiveBeing pursued by the government must be"Compelling"(just "not legitimate," as for the "standard mere rationality"); and

A.Mandatory targets: first, the government to follow the objective must be enforced (is not legitimate, as pure rational standards)

B. Necessary meansSecond, theMeansChosen by the government must be"Necessary"To achieve that compelling end. In other words, the "fit" between the means and the end must be extremely tight. (It 's not enough' that there s a "rational relation" between the means and the end, which is enough under the "mere standard. rationality")

B: Method: second, the government must adopt behavior is "must" to finish the compulsory results. In other words, must be between the behavior and result is extremely stable and. (between the behavior and result only rational association is not enough, but in the standard pure rationality is enough.)

I. No less restrictive alternativesIn practice, this requirement that the means be "necessary" means that there must not be anyLess restrictiveMeans that would accomplish the government 's objective just as well

I. did not limit sex less can replace: in practice, this means that the behavior is a must, no less restrictive behavior to achieve the government's objectives.

3 Middle-level reviewIn so-called between these two review standards is"Middle-level"Review

3 neutral: between the two standard is neutral standard.

A. "Important" objectiveHere, the governmental objective has to be"Important"(half way between "legitimate" and "compelling")

A.: the goal must be important (between the legal and enforcement levels)

B. "Substantially means: related"And, the means chosen by the government must be"Substantially related"To the important government objective. (This "substantially related" standard is half way between "rationally related" and "necessary")

B: the general correlation: the means chosen by the government must be and government targets generally related. The general correlation between reason and must be.