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Textbooks: Administrative Law, John D. DeLeo, Jr.
Chapter 6. Judicial Control of Administrative Agencies
Equal Protection Analysis
We have learned a great deal about the judiciary’s ability to control and otherwise have broad oversight of administrative agencies’ actions. The courts, based on decades of case law, have developed important litmus tests to determine the constitutionality of a law, regulation, or rule. The balance is between an individual’s constitutional protections and the government’s legitimate interest, whether real or hypothetical. The three levels of review are as follows:
Rational basis review
Normal standard of review that courts apply when considering constitutional questions and issues.
Intermediate scrutiny
Second level of review which requires that the law or policy being challenged on constitutional grounds furthers an important government interest.
Strict scrutiny
This is the third and highest level of review that requires narrowly tailored and least restrictive means to further a compelling governmental interest. Contrast this against “rational” basis review.
Parameters/Requirements:
Choose one of the constitutional tests outlined above. Research one of the important cases that led to the development and continued use of the test. There are many cases, so you will have a lot of them to pick from. Clearly state which test and case you chose. Provide a summary of the case’s background. How did the court decide which test to use? Did the case you select develop an entirely new standard? In your opinion, did the court use the correct test? Why or why not? How would you have decided the case based on the facts? Imagine your rationale is subject to appeal and review by a higher court of competent jurisdiction so make sure your rationale is solid and defensible.
Post an original response.
• Length: Including full substantive sentences.
• Ensure that your writing is clear, concise, and free from grammatical errors.
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