In this situation, the government interest would likely be security and safety for the public. In doing so, it would determine if the law meets the following conditions: The law furthers an important government interest. In such a case, the court would likely apply intermediate scrutiny to determine the constitutionality of that law. Rather, there is an incidental limitation in order to realize ones right. While this is a 2nd Amendment issue, the effect of the law does not fully infringe upon the fundamental right to bear arms by banning guns.What standard will the court likely apply in determining the Constitutionality of this law? A gun rights group challenges this law in court as restricting the 2nd Amendments right to bear arms. Town A passes a law stating that no individual may transport a loaded weapon on public property without a license. What are Judicial Restraint vs Judicial Activism.Standards for Constitutionality of Laws.What is Included in the US Constitution?.The constitutionality of the statute would turn on the interest of the state versus the burden that it places on an individuals constitutionally protected right. The statute must be substantially related to achieving that objective. Atlantis must demonstrate an important government interest, such as the reduction of a high level of gun violence in the jurisdiction. As such, this scenario would likely be evaluated under intermediate scrutiny. This statute affects an individuals 2nd Amendment rights to own a firearm, but it does not prohibit it. Example: The city of Atlantis passes an ordinance limiting the ability of individuals to own a firearm without first undertaking a gun safety course, passing a background check, and filing for a permit from the locality. Boren (1976), where the plaintiff challenged a law allowing females to purchase alcohol at a younger age than males. The standard originated in the case, Craig v. content-neutral restrictions on free speech.restrictions on rights to own firearms and.laws affecting the status of undocumented or illegal immigrants.laws or government action based upon sex.This standard has been applied in determining the constitutionality of: When laws only partially affect a suspect class or the rights involved border upon fundamental rights, this intermediate level of scrutiny applies. It must do so in a manner that is substantially related to the objective. Next Article: Judicial Restraint vs Judicial Activism Back to: CONSTITUTIONAL LAW What does Intermediate Scrutiny require?Īs stated above, the intermediate scrutiny standard requires that the law further an important government interest. It must do so in a manner that is " Substantially Related" to the objective. It requires that the law further an " Important Government Interest". Intermediate Scrutiny is often applied when a law only partially affects a suspect class or the rights involved border upon fundamental rights. Intermediate Scrutiny is a special standard used to determine when certain laws are Constitutional. Intermediate Scrutiny or Quasi-Strict Scrutiny
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