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The lowest standard of review is the RATIONAL basis test. Under this standard, the Court presumes that the government's action is valid.The government need only prove that its action is reasonably related to a legitimate government interest, and the individual bringing suit against the government must demonstrate that the government action is irrational or arbitrarily applied. In other words, the scales are tipped in favor of the government.
The middle standard of review is heightened or INTERMEDIATE scrutiny. This standard requires that the action advances important governmental interests, and that the means used are substantially related to these governmental interests. Using the scale analogy, the Court sees both government interests and individual interests as somewhat equally weighted when applying intermediate scrutiny.
The final and highest standard of review is STRICT scrutiny. When the government discriminates against individuals based on their race, religion, or national origin or infringes on any individual's fundamental freedom, the Court uses the strictest of scrutiny to determine if the action was warranted. In such cases, three questions are asked. First, does the case involve a fundamental freedom or suspect classification? Second, does the action serve a compelling government interest? And third, is the action taken by the government narrowly tailored to achieve the compelling interest? The Court poses these questions to test whether the government has used the least restrictive means for achieving its interest; that is, the Court wants to make sure that the government does not infringe on civil liberties or civil rights any more than absolutely necessary. Under this standard, the scales are tipped in favor of the individual.
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