norml22 - Page 11
Page 11
Previous ,
Next ,
Original Image
Return to Index
(1986); _/l__/l_oniQ_L___Id_D__Sc_QQl_Di _ _ v "__ s 411
U.S. Ig 93 SoCt. 1278, 36 L.Ed.2d 16 (1973); _aDir m ,
394 U.S. 618, 89 S_Ct. 1322, 22 L.Ed.2d 600 (1969);
_j_chardso_, 403 U.S. 365, 371, 91 SoCt. 1848, 29 L.Ed_2d 534
(19vi)
The next level of review is B'intermediate scrutiny." This
level of review is applicable when a determination must be made
as to whether the classification scheme included in the law must
_'fairly be viewed as furthering a substantial interest of the
state. '_ See P_l_r__v, __Q__ 457 U.So 202, 217-18, 102 S.Ct° 2382,
2395 (1982)o Under this standard, while the law may not appear
on its face to involve an invidious classification, it will be
subject to review _'if it gives rise to recurring constitutional
difficulties." /_ In all other circumstances, the Court
has applied the _rational relationship _ test:
Under traditional equal protection analysis,
a legislation classification must be
sustained if the classification itself is
rationally related to a legitimate
governmental interest_
ikL_____ates De_p___Q_kg_ricult_l_e_t. Mor_ID_q, 413 U.S. 528, 533,
93 S.Ct. 2S21, 37 LoEd.2d 782 (1973).
For the purposes of this motion, the accused will concede
arguendo that the proper standard for constitutional review of
his Fifth Amendment claims to due process and equal protection of
the laws is the '_rational relationship '_ test.
An act of the legislature carries a presumption of validity
and will be upheld unless it is demonstrated to be irrational.
lO
Previous ,
Next ,
Return to Index