Johnnys-Strict-Scrutiny-Judicial-Review

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Feb 20, 2024

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Strict Scrutiny Judicial Review 1. What are the three levels of judicial review, and how, under each standard, does the court view governmental action? It is called a rational basis if there is a rational basis for reducing personal rights. It can also be met by any credible explanation of government action. Intermediate scrutiny shall be used when discrimination occurs, but not against a protected class. Some of our reasons must be related to the actions of their government. Strict scrutiny requires a strong rationale for the activities to be demonstrated. It could also be that we are motivated by a strong government, and there are no other reasonable means to do so. Their governmental activity should be directly linked to the justification. Strict scrutiny: is applied to fundamental human rights. It requires a strong justification for the acts. This requires. It can also be an overarching goal for the government with no other acceptable way of achieving the same objective. 2. What does judicial review have to do with the balance between individual rights and governmental action? The balance act defines how power between government entities and individuals is allocated on the basis of constitutional choices. The courts are known as the justice review when analyzing the actions of other levels of government and States, to see whether they are constitutional. In this way, any conduct found unlawful by the courts is null and void. It ensures that people do not suffer unfairness or loss from the government. The process of judicial review helps to strike a balance between government power and citizens' rights. 3. Please give 2 examples of a case where strict scrutiny would overturn a law (identify the individual right and go through the analysis), as well as 2 examples of where strict scrutiny would NOT overturn a law (again, identify the individual right and go through the analysis. +Would not: -Due to an increase in lung cancer among the young people in the United States, the government passed laws raising the smoking age from 18 to 21 years old. This legislation severely infringes on the right to liberty. When people reach adulthood, it is a basic fundamental right to have freedom. A thorough examination would be carried out. The Supreme Court would support this legislation since it protects citizens' health. -Smoking marijuana was made legal by the government. Indeed, proponents of recreational marijuana legalization claim that it will boost the economy by billions of dollars, create hundreds of thousands of jobs, free up scarce police resources, and eliminate racial inequities in marijuana enforcement. Because of these benefits, the government may establish legislation prohibiting the use of marijuana. +Would:
-Because of an increase in gun attacks, the government may introduce legislation prohibiting the use of firearms. This law severely infringes on the right to safety. Because the right to self- defense is a fundamental human right, it would be subjected to close scrutiny. The Supreme Court would strike down this legislation because it infringes on people's fundamental rights. - After committing multiple serious sins, a criminal was punished a death. His lawyer argued that instead of execution, he should be sentenced to prison since the government cannot take a citizen's life. The Court will apply stringent scrutiny to the government's activities because it impacts a citizen's fundamental right. However, it is connected to a concern of public safety. As a result, his flaws will not be forgiven, and the government's conduct will not be overturned by the court.
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