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What test does the US Supreme Court use to determine the validity of laws that discriminate between groups of people?
The US Supreme Court often applies two levels of scrutiny to laws that may discriminate against groups of people. The rational basis test is always applied first when a state or federal statute is challenged as a violation of the Fourteenth Amendment Equal Protection Clause. In order for the law to survive the first challenge, the Court must be satisfied that the law is "rationally related to a legitimate government interest."
If a law, policy or executive order has a detrimental effect on an identifiable class of people (women, ethnic minorities, etc.), it must meet the higher standard of strict scrutiny, requiring the law serve a compelling government interest (compelling is not defined, but is understood to represent a higher level of legitimacy); be narrowly tailored to do no more than achieve the specific compelling interest; and must use the least restrictive means to accomplish this end.
In a study of federal cases that underwent strict scrutiny between 1990 and 2003, "Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Court," Adam Winkler of the UCLA School of Law, discovered the application of strict scrutiny in federal courts resulted in approximately 30% of the laws being upheld, and 70% being overturned, overall.
Winkler contends the results are highly context-sensitive relative to the entity that passed the law: 50% of Federal Laws withstand this level of review; while only 29% of state statutes and 17% of city ordinances are likely to be upheld.
Statistics also vary depending on the type of law undergoing constitutional analysis. According to Winkler, "...27% of suspect classifications, 22% of free speech restrictions, 24% of fundamental rights infringements, 33% of freedom of association burdens, and 59% of religious liberty burdens adjudicated under strict scrutiny survive."
Winkler, Adam, Fatal in Theory and Strict in Fact: An Empirical Analysis of Strict Scrutiny in the Federal Courts. Vanderbilt Law Review, Vol. 59, p. 793, 2006; UCLA School of Law Research Paper No. 06-14.
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According to the Supreme Court what standards must laws that discriminate between groups meet?
The strict scrutiny test; the state must be able to show that some "compelling governmental interest" justifies the distinctions it has drawn between classes of people.
What is the difference between internal and external validity?
The difference between internal and external validity is in their nature. Internal validity indicates if a study depicts relation between two variables. External validity on the other hand generalizes the study of the variables.
What is Validity that is related to the logical relationship between variables is known as?
construct validity
What does criterion-related validity refer to and how is it assessed in research studies?
Criterion-related validity refers to the extent to which a measure is related to an external criterion or outcome. It is assessed in research studies by comparing the scores of the measure to the scores of the criterion to determine the strength of the relationship between them.
What criteria must be met to determine the validity of a real estate contract?
To determine the validity of a real estate contract, certain criteria must be met, including: mutual agreement between parties, legal capacity to enter into a contract, a clear description of the property and terms, consideration (usually money), and compliance with any legal requirements such as signatures and witnesses.
What happened if women broke the law?
The law does not discriminate between the sexes
What is the difference between 'recharge' and 'topup'?
Recharge is for extending the validity on the card whereas Top up is when u still have validity but no currency.. top up does not increase your validity whereas recharge does..
Why do you discriminate?
The word "discriminate" means to notice differences between things. Often this is a good thing. It's good to be able to discriminate between good food and rotten food. You'll get sick much less often. It's good to be able to discriminate between a light rainstorm and a hurricane. It could save your life. People can only function by noticing differences between things and making decisions accordingly. However, sometimes superficial differences are unimportant. If I am looking to hire a painter, I should be discriminating among my applicants on the basis of their ability to paint. For me to discriminate among the applicants on the basis of their skin colour, their sex or some other factor irrelevant to their painting abilities would be stupid. However, many people do discriminate between people using just such irrelevant factors.
List several techniques that Fox News uses to discriminate propaganda as opposed to objective news reporting?
FOX hasn't demonstrated an ability to discriminate between propaganda and more objective news reporting.
What is a proposed explanation for a problem called?
A proposed explanation for a problem is known as a hypothesis. It is a statement that suggests a possible cause-and-effect relationship between two or more variables, which can be tested through observations or experiments to determine its validity.
Where will i get the topic ''religion don't teach to discriminate between people''in Hindi?
Probably nowhere...that is not proper english.
What are the differences between validity and reliability?
validity is whether the results are valid so the data has no mistakes of as such in it whereas reliability is the dependability; when the results you have are accurate and are of enough quality.
