Rational Basis Test

• Author: Jeffrey Lehman, Shirelle Phelps

Page 239

A judicial standard of review that examines whether a legislature had a reasonable and not an ARBITRARY basis for enacting a particular statute.

Courts employ various standards of review to assess whether legislative acts violate constitutionally protected interests. The U.S. Supreme Court has articulated the rational basis test for those cases where a plaintiff alleges that the legislature has made an arbitrary or irrational decision. When a court employs the rational basis test, it usually upholds the constitutionality of the law, because the test gives great deference to the legislative branch.

A law that touches on a constitutionally protected interest must be rationally related to furthering a legitimate government interest. In applying the rational basis test, courts begin with a strong presumption that the law or policy under review is valid. The BURDEN OF PROOF is on the party making the challenge to show that the law or policy is unconstitutional. To meet this burden, the party must demonstrate that the law or policy does not have a rational basis. This is difficult to prove, because a court can usually find some reasonable ground for sustaining the constitutionality of the challenged law or policy.

For example, a state law that prohibits performing dentistry without a license deprives laypersons of their constitutionally protected rights to make contracts freely and discriminates against those unable or unwilling to obtain a license. But a court would undoubtedly uphold the constitutionality of the law because the license requirement is a rational means of advancing the state's legitimate interests in public health and safety.

For a hundred years, the rational basis test has been part of the U.S. Supreme Court's review of cases that alleged denial of EQUAL PROTECTION of the laws. State and federal laws are filled with discriminations, or classifications, of various kinds. A law that would apply universally and treat all persons equally is virtually impossible to craft. Because all laws classify by imposing special burdens or by conferring special benefits on some people and not others, there are always persons who are displeased. For example, when a state limits the privilege to purchase and consume intoxicating liquor to persons twenty-one and older, it is engaging in AGE DISCRIMINATION. But a court would find this was not a denial of equal protection because the legislature...