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rational basis
a standard of judicial review that evaluates whether a law is reasonably related to a legitimate government interest. It is the lowest level of scrutiny used by courts in evaluating equal protection challenges.
intermediate scrutiny
a standard of judicial review that evaluates whether a law serves an important government interest and is substantially related to that interest. It is used in cases involving gender discrimination and other classifications.
strict scrutiny
the highest level of judicial review that evaluates whether a law is necessary to achieve a compelling government interest and is narrowly tailored to achieve that interest. It is often applied in cases involving fundamental rights and suspect classifications.
substantiative due process
the legal requirement that the state must respect all legal inalienable rights owed to a person as according to the Bill of Rights
prior restraint
a government action that prohibits speech or other expression before it can take place. It is often considered a violation of the First Amendment.
procedural due process
the legal doctrine that requires the government to follow fair procedures before depriving a person of life, liberty, or property. It ensures that individuals receive notice and an opportunity to be heard before any governmental action.
1st amendment
prohibits Congress from making laws that infringe on the freedoms of speech, religion, press, assembly, and petition.
2nd amendment
right to bear arms to maintain a militia
4th amendment
protection against unreasonable searches and seizures
5th amendment
provides for the rights to due process, protection against double jeopardy, and prohibits self-incrimination.
6th amendment
ensures the right to a fair trial, an impartial jury, and the right to counsel.
8th amendment
prohibits excessive bail, fines, and cruel and unusual punishment.
9th amendment
provides that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people.
10th amendment
reserves powers not delegated to the federal government to the states or the people.