Blog Question #7

Discuss the three types of scrutiny and how they are applied to the 14th amendment.

1. Strict Scrutiny - courts that use strict scrutiny give the government no room for error in convincing them that the classification is necessary. Thus, making this the most strict degree of scrutiny. Once a court decides that strict scrutiny is the appropriate standard, then the court will uphold the state action only if it is necessary to achieve a compelling governmental interest.

2. Intermediate Scrutiny - available to courts to analyze state action that discriminates against people on the basis of gender, illegitimacy, and alienage. The government need only show that its actions were substantially related to its goal. The governments objectives need not to be compelling but the must be important.

3. Rational Basis - type of scrutiny that applies to all classifications not covered by strict or intermediate scrutiny. The courts are charged with ensuring that people are afforded equal protection under the law, so governmental decisions that classify and differently treat groups of people must be scrutinized. Only have to show a legitimate reason for the classification.

The 14th amendment of the Untied States says "no state shall make or enforce any law which shall deny to any person within its jurisdiction the equal protection of the laws." These are the different types of scrutiny that courts use to rule on Equal Protection Clause cases.

http://sports.espn.go.com/dallas/nfl/news/story?id=6267347

In this article, Dez Bryant of the Dallas Cowboys is being sued for 246,000 dollars worth of jewelry tab he has not paid to a New York based company. Bryant's attorney says they are making progress in solving the issue and the question only remains how much Bryant really needs to pay. Paying the bill shouldn't be a problem.