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Race-Based And Gender-Based Classifications

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For all laws do not fall under the race-based and gender-based classifications, the Court will subject the law under the rational based test standard of review to determine the constitutionality of a law (Chemerinsky 699). Under the rational basis test, the law that is being challenged must be “related to a legitimate government purpose” (Chemerinsky 699). Put it another way, the government’s purpose does not have to meet the meaning of “compelling” or “important as required under the strict scrutiny or intermediate scrutiny. Nonetheless, the challenger of the law has the burden of proof, who is required to prove that the law in question is unfair and unreasonable (Chemerinsky 699).

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