Fe bruary 2012 Bar Examination Sample Answers.
Ruthann teaches Constitutional Law as well as Sexuality and Law. Her books include the just-published three volume edited set of international materials, The Library of Essays on Sexuality and Law, Sappho Goes to Law School, Lesbian (Out)Law, and a forthcoming book on constitutional issues from Cambridge University Press. She is the co-editor.
In the light of this case, the administrative power of discretion that has remained protected from judicial review unless challenged on the grounds of absurdity, irrationality or perversity was now open to the test of proportionality as enunciated by Prof. Jeffrey Jowell in his article titled “Beyond the Rule of Law: Towards Constitutional Judicial Review”.
Rational basis scrutiny means a level of scrutiny applied by courts while determining cases involving issues of constitutional due process or equal protection issues pertaining to the Fifth Amendment or Fourteenth Amendment.
In San Antonio Independent School District v Rodriguez, 411 U.S. 1 (1973), the U.S. Supreme Court held that the right to education was not a fundamental right under the U.S. Constitution that triggered strict scrutiny. Accordingly, the Court held that San Antonio Independent School District’s school financing system did not run afoul of the Fourteenth Amendment’s Equal Protection Clause.
Through the “rational basis” test, the Supreme Court asserts the authority to assess whether laws are “rationally related to a legitimate governmental interest.” Although it gives the Court an effective substantive veto over all legislation, rationality review is poorly understood and under-theorized.
Scott Pearce’s Master Essay Method - Constitutional Law Approach CONSTITUTIONAL LAW APPROACH I. Identify the Plaintiff's Injury. (Be Specific) II. Identify the Plaintiff. A. If plaintiff is a private party: 1. Show that the plaintiff has standing. 2. Consider ripeness and mootness. B. If plaintiff is a government, consider inter governmental.
Florida chief justice Rosemary Barkett asserts that “underinclusive or overinclusive classifications fail to meet even the minimal standards of the rational basis test” and invalidates a six.