Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law

Compare the three equal protection approaches: minimum

Customer Question
rationality, strict scrutiny, and quasi-strict...
Compare the three equal protection approaches: minimum rationality, strict scrutiny, and quasi-strict scrutiny. Then discuss which was used and how the Supreme Court reasoned in ‘Adarand Constructors, Inc. v Pena’. My teacher says after completing the lesson that he has devised the question from, I should be able to: After completing this lesson, I should be able to do the following: -explain the Constitution's separation of powers -discuss the importance and coverage of the commerce clause -explain how the First Amendment protects speech, religious practices, and a free press -describe the difference between the levels of First Amendment protection and where each applies -describe the difference between substantive and procedural due process -discuss the different levels of judicial scrutiny under the Fourteenth Amendment's "equal protection" clause So if any of that can tie into the answer, that would be great. Also, please try and use examples. Thanks.
Submitted: 5 years ago.Category: Business Law
Show More
Show Less
Ask Your Own Business Law Question
Answered in 1 hour by:
2/1/2012
Business Lawyer: legalism, Attorney replied 5 years ago
legalism
legalism, Attorney
Category: Business Law
Satisfied Customers: 8
Experience: Attorney whose practice areas include landlord-tenant, real estate and business law.
Verified

legalism :

Hi again.

legalism :

I think this is a very interesting area, Constitutional law is one of my favorite subjects.

legalism :

Courts will apply three levels of scrutiny in an equal protection clause analysis, depending on the type of classification being analyzed.

legalism :

These are strict scrutiny, which is the highest level, followed by a mid-level of scrutiny which can be called "quasi-strict" scrutiny, and "rational basis" scrutiny.

Customer :

hi!

legalism :

Good to see you again.

Customer :

thanks for all your help! you have the best answers

legalism :

Well thank you, you've got some great questions!

legalism :

So these levels of scrutiny come up when we're talking about the equal protection clause of the fourteenth amendment. The equal protection clause says that no state can "deny to any person within its jurisdiction the equal protection of the laws."

legalism :

The levels of scrutiny are applied to laws that classify people based on certain qualities. Depending on the type of classification, a different type of scrutiny will be used to determine if a law is violative of the equal protection clause.

legalism :

If a statute is discriminatory based on certain suspect characteristics like race, religion or national origin, the strict scrutiny will be employed.

legalism :

If a statute is discriminatory based on gender or age, the middle level of scrutiny will be used.

legalism :

Let me correct that, age is not generally considered quasi-suspect.

legalism :

Gender, however, is definitely considered quasi-suspect.

legalism :

Age, in fact, falls in the minimum level of scrutiny, along with everything else that does not fall under strict or quasi-strict.

legalism :

This third type of scrutiny requires only a rational basis for the statute to survive.

legalism :

If a classification is such that strict scrutiny should be applied, then the analysis to determine if the statute is constitutional is based on a three pronged test. (1) The statute must serve a compelling governmental goal, (2) the statute must be narrowly tailored to that compelling governmental goal, and (3) it must be the least restrictive means possible to achieve that goal.

legalism :

Strict scrutiny is frequently called "strict in theory, fatal in fact." This is because the level of scrutiny is so high that almost no statute will survive it.

legalism :

An example of a classification subject to strict scrutiny can be found in Adarand Constructors, Inc. v Pena, a Supreme Court case which overturned Metro Broadcasting, Inc. v. FCC. Under Metro Broadcasting, benign racial classifications (like regulations favoring minority owned businesses) were subject to intermediate level scrutiny. After Adarand Constructors, these classifications were considered to be subject to strict scrutiny.

legalism :

Intermediate scrutiny, which you could call "quasi-strict" scrutiny, is a level of scrutiny slightly below strict. It applies to gender based discrimination, and increasingly to sexual orientation, as well as illegitimacy.

legalism :

Intermediate is less strict than strict, naturally, and higher than rational basis.

legalism :

The rational basis standard is the minimal level scrutiny, which applies to discrimination against categories not covered in the above two categories. The test in only that the discriminatory legislation have a rational basis in a legitimate governmental goal.

legalism :

So intermediate scrutiny is somewhere between the three-pronged strict scrutiny test, and the broad rational basis test. So a gender-based discriminatory statute would only need to be substantially related to an important governmental goal to survive scrutiny.

Customer :

hello?

legalism :

Hi, I'm still here.

Customer :

oh ok

legalism :

Do you have any questions so far?

legalism :

If not I can move on to separation of powers.

Customer :

nope. sounds good to me

legalism :

Great.

legalism :

Separation of powers is a political concept contained within the Constitution that informs the entire structure of our government.

Customer :

well..

legalism :

Do you have a question or need me to clarify something?

Customer :

the only thing i really need to do is ..Compare the three equal protection approaches: minimum rationality, strict scrutiny, and quasi-strict scrutiny. Then discuss which was used and how the Supreme Court reasoned in ‘Adarand Constructors, Inc. v Pena’.

legalism :

Oh I see.

legalism :

The Adarand Constructors case was very interesting in that it overturned the Metro Broadcasting Inc v.FCC decision

legalism :

So the status quo before Adarand was the Metro Broadcasting ruling, which held that a federal policy awarding preferences to minorities was subject to quasi-strict scrutiny, like discrimination based on gender.

legalism :

Adarand changed this and expanded strict scrutiny to all discrimination based on race, even if it is benign or favorable to the minority group in question. So the statute had to be narrowly tailored to achieve a compelling government interest in the least restrictive way possible.

legalism :

Do you have any questions directly related to the Adarand case?

legalism :

Please don't hesitate to let me know if you have any additional questions or if you need me to clarify anything. Have a great night!

Ask Your Own Business Law Question
Ask legalism Your Own Question
legalism
legalism
legalism, Attorney
Category: Business Law
Satisfied Customers: 8
8 Satisfied Customers
Experience: Attorney whose practice areas include landlord-tenant, real estate and business law.

legalism is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,793 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

742 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

640 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

564 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
Can a non medical person own an urgent care practice in
Can a non medical person own an urgent care practice in North Carolina? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
Is it regular practice to name a old debtors as defendants
is it regular practice to name a old debtors as defendants in a new Fraudulent conveyance case??… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
I am in Connecticut and I started a medical practice as an
Hi I am in Connecticut and I started a medical practice as an LLC with my brother with both of us as 50/50 members. The LLC is located in a building. Currently we are have a disagreement and I am wond… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
I am opening a mental health private practice in WA State. I
I am opening a mental health private practice in WA State. I have read so much information but am still unsure about whether I am required to apply for a PLLC as a licensed professional. Am I required… read more
Damien Bosco
Damien Bosco
2,998 satisfied customers
This is a question about compliance for medical practices
This is a question about compliance for medical practices and chiropractors. We have a med spa business concept that involves offering our brand, access to pharmaceutical discounts, and expertise to h… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,198 satisfied customers
Can a medical doctor operate in a private practice owned by
Can a medical doctor operate in a private practice owned by her medical doctor spouse, as an extender and be paid a salary as opposed to being paid fee for service? We are in the state of TN. … read more
lawyerJ
lawyerJ
Juris Doctorate
127 satisfied customers
I do not accept Medicaid in my private practice and I do not
I do not accept Medicaid in my private practice and I do not have a Medicaid number. Can I accept cash payment from patients for office visits for patients who use their Medicaid insurance for labs an… read more
Ray
Ray
Lawyer
Doctoral Degree
30,244 satisfied customers
I'm so happy to hear that you practice is kind of law also!
Hello again! I'm so happy to hear that you practice is kind of law also! Just so you know though, when I rated you excellent again this most recent time for my previous question the Box went away far … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a non physician be part owner in a medical practice--
can a non physician be part owner in a medical practice-- free standing ER -- in texas? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
I am a sole practicing physician in New York state who wants
I am a sole practicing physician in New York state who wants to use credit card for payments. I understand that recently New York State has prohibited passing on credit card surcharges to customers. I… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
1,793 satisfied customers
Need a lawyer who is licensed to practice tax law in IL and
need a lawyer who is licensed to practice tax law in IL and who is well versed with the IDOR business registration denial procedure becuase of funds owed to the state of IL.… read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
I need an experienced, knowledgeable lawyer practicing in
I need an experienced, knowledgeable lawyer practicing in TEXAS (or with knowledge of Texas professional rules of practice pertaining to attorneys) as well as applicable ethics rules of American Bar A… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,895 satisfied customers
I have a collaborative agreement with a md where i practice
I have a collaborative agreement with a md where i practice currently. I am starting a new medical practice in addition 2 days a week for now. My question is since I'm a APRN and have not quite reache… read more
KJL LAW
KJL LAW
Juris Doctorate
1,623 satisfied customers
I'm starting my first practice in acupuncture. I'm drafting
Hi there, I'm starting my first practice in acupuncture. I'm drafting my first provider-patient arbitration agreement and was curious what I need to include … read more
Ely
Ely
Attorney
Juris Doctor
564 satisfied customers
Can non-physicians be owners in a medical practice in
Can non-physicians be owners in a medical practice in Georgia? We are forming a new practice and are looking at non-physicians being part owners. … read more
Michael Gonzalez
Michael Gonzalez
JD
519 satisfied customers
I own a medical practice in CT, however, I am not a MD, is
i own a medical practice in CT, however, I am not a MD, is this an issue? I didnt think CT had any information on cpom … read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
If a medical practice is a s corp (3doctors) without a board
If a medical practice is a s corp (3doctors) without a board of directors do shareholders have equal voting rights.… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,807 satisfied customers
Can my practice analysis uncover theft or embezzlement? I am
Can my practice analysis uncover theft or embezzlement? I am planning to sell my practice soon. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x