The key to understanding Constitutional Law is to understand the various
"standards of review" the Court applies to various claims of
constitutional rights. Consider this:
STANDARDS OF REVIEW
I. MINIMAL SCRUTINY (DEFERENCE)
Rational Basis Test - The government classification need only be
rationally or conceivably related [Means] to any legitimate state
interest [Ends].
II. INTERMEDIATE SCRUTINY (SKEPTICISM)
Intermediate Scrutiny Test - The government restriction must serve
important governmental objectives [Ends] and must be substantially
related to the achievement of those objectives [Means]. ["Intermediate
scrutiny always asks is there some less restrictive alternative
available?" Epstein, Takings at 138.]
III. STRICT SCRUTINY (CYNICISM)
The governmental restriction must be necessary (i.e., the least
restrictive means) [Means] to achieve a compelling state interest
[Ends]. See Nowak at 530.
