What are the strict scrutiny standard and the rational basis standard? What sort of classification system would cause the Supreme Court to apply each standard to determine if a discriminatory law is constitutionally permissible?

Under what circumstances would it apply a quasi-suspect or heightened standard? Give an example of a law that would be subject to each standard of review. Do you agree with this three-tiered approach? Why or why not?

Answer: An ideal response will:
1. Define the strict scrutiny standard, which requires that the discrimination must be the least restrictive way to achieve a compelling governmental interest.
2. Define the rational basis test, which refers to the fact that the government must have a rational foundation for the discrimination.
3. Identify racial classifications as those that are given strict scrutiny by the Supreme Court.
4. Identify a range of classifications such as age, wealth, mental capacity, and sexual orientation as those that are subject to the rational basis test.
5. Identify gender classifications and those involving fundamental rights as ones that would be evaluated by the courts using a quasi-suspect or heightened standard.
6. Provide an example of a law that would receive strict scrutiny, such as racial affirmative action programs.
7. Provide an example of a law that would be judged under the rational basis test, such as a law requiring those over the age of 80 to get a new driver's license more frequently than those 80 years old or younger.
8. Provide an example of a law that would be evaluated using the quasi-suspect or heightened standard, such as a law restricting a group of people's right to vote.
9. Indicate agreement or disagreement with this three-tiered approach. Answers will vary, but some may argue that all forms of discrimination are equally troubling and should all be treated the same. Others may argue that some sorts of discrimination may be reasonable under some circumstances, but other sorts of discrimination are seldom tolerable (giving examples). Therefore, different sorts of standards are appropriate.