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rational basis scrutiny

... The Court is most influential when exerting authority on issues defined to require judicial scrutiny, allowing the government interpretive control over political constitutional questions. ... The minimal amount of judicial scrutiny is substantiated by a declaration that “it is enough that we be able to perceive a basis upon which the Congress might resolve the conflict as it did. ... Despite the Court’s continued claims of judicial deference to Congress, legislation that once required the Court only to perceive a basis to support now requires Congress to decidedly convince the Court of its appropriateness.

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Paper Information

Title: rational basis scrutiny

Words: 2391
Rating: None
Pages: 9.6
submitted by: thatfoolkillab

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