difference between the rational basis test and the strict scrutiny test dq - 75694

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The Rational Basis test is a test applied to determine if constitutional protection have been violated. The Strict Scrutiny test is a judicial review that reviews challenges to governmental policy. The Rational Basis test is focused on the constitutional protection a law may deny a citizen but in this test is designed to favor the legislation and uphold the constitutionality of a law. The Strict Scrutiny test looks at laws that may infringe on the rights guaranteed in the constitution while the Rational Basis test is concerned with potential irrational decision making in the creation of the legislation. The Strict Scrutiny test impacts the burden of proof by requiring a higher standard of scrutiny from the government policy while the Rational Basis test requires a lower burden of proof and tends to favor the legislation (Antonio, 2001). Through strict scrutiny the court can make important decisions about explicit and implied constitutional rights. In order for a legislation that could potentially violate the right of the citizen there must be compelling state interest.