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Rational Basis
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled RATIONAL BASISThe “rational basis” standard of review emerged in the late 1930s, as the Supreme Court retreated from its earlier activism in the defense of economic liberties. We owe the phrase to Justice harlan fiske stone, who used it in two 1938 opinions to signal a new judicial deference to
(read more about Constitutional law entries here).
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Rational Basis
United States Constitution
According to the Encyclopedia of the American Constitution, about its article titled 699 RATIONAL BASIS For decades, the rational basis test seemed so deferential that no law could flunk it. In the 1980s, however, the Supreme Court began to give teeth to the standard. For example, in cleburne v. cleburne living center, inc. (1985) , the Court used the rational basis test to
(read more about Constitutional law entries here).
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