STANDARDS OF JUDICIAL REVIEW UNDER THE EQUAL PROTECTION AND DUE PROCESS CLAUSES

• NCJ Number: 42709
• Journal: Southern California Law Review Volume: 50 Issue: 4 Dated: (MAY 1977) Pages: 689-718
• Author(s): S H BICE
• Date Published: 1977
• Length: 25 pages
• Corporate Author: University of Southern California
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE REVIEWS RECENT SUPREME COURT DECISIONS ON INDIVIDUAL CONSTITUTIONAL RIGHTS, FOCUSING SPECIFICALLY ON THE STANDARDS OF REVIEW USED BY THE COURT IN APPLYING THE DUE PROCESS AND EQUAL PROTECTION CLAUSES.

Abstract

BEFORE REVIEWING THE VARIOUS STANDARDS WHICH THE COURT HAS DEVELOPED, THIS ARTICLE IDENTIFIES THE NATURE AND SOURCE OF THE RESTRAINTS WHICH COURTS HAVE SAID THE FEDERAL CONSTITUTION IMPOSES. THE STANDARDS EXAMINED IN THIS ARTICLE INCLUDE THE RATIONAL BASIS TEXT, THE STRICT SCRUTINY OR COMPELLING STATE INTEREST TEST, AND AN INTERMEDIATE 'BALANCING' STANDARD. AS THIS PAPER WAS ORIGINALLY DESIGNED FOR PRESENTATION TO WEST GERMAN CONSTITUTIONAL LAWYERS, IT PROVIDES A BASIC OVERVIEW OF CONSTITUTIONAL ADJUDICATION UNDER THE DUE PROCESS AND EQUAL PROTECTION CLAUSES IN THE UNITED STATES. (AUTHOR ABSTRACT MODIFIED)...DMC