Also known as:rationally related to a legitimate state interest · rational basis · rational basis test · rational basis review · rational basis scrutiny
Written by attorneys — see sources below.
A constitutional standard of review that upholds a law or classification when it bears a rational relation to a valid state objective. The test applies to social and economic legislation that neither burdens a fundamental right nor targets a suspect class. Courts defer to legislative judgments under this standard and sustain measures that are reasonably related to legitimate governmental interests such as public safety, fiscal responsibility, or administrative convenience.
See Our Sources· 8 primary sources
Cases
Restatements
How its tested
Common Examples
6
Immigration Entry Restriction
Rowan Russell, a foreign-trained lawyer from a majority-Muslim country, is denied entry under a presidential order citing national security risks of sanctions evasion. The order recites a facially neutral security purpose and limits visas for professionals from designated nations. A court upholds the order because the stated national security goal supplies a valid objective and the entry limits are rationally connected to that objective despite earlier statements suggesting religious animus.
Age Discrimination Claim
Riley Rivera, a state employee over age 40, alleges age discrimination after being passed over for promotion. The state defends its policy as ensuring physical capability for demanding jobs. A court sustains the measure because it bears a rational relation to the valid state objective of maintaining workforce fitness and safety.
Roe v. Wade410 U.S. 113 (1973)
In March 1970, Jane Roe, a single woman residing in Dallas County, Texas, instituted a federal action against the District Attorney of the county. She sought a declaratory judgment that the Texas criminal abortion statutes were unconstitutional on their face. She also sought an injunction restraining enforcement of the statutes.
Roe alleged that she was unmarried and pregnant. She wished to terminate her pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions. She was unable to obtain a legal abortion in Texas because her life did not appear to be threatened by continuation of the pregnancy. She could not afford to travel to another jurisdiction to secure a legal abortion.
James Hubert Hallford, a licensed physician, sought and was granted leave to intervene in Roe's action. In his complaint he alleged that he had been arrested previously for violations of the Texas abortion statutes. Two such prosecutions were pending against him in the Criminal District Court of Dallas County. He described conditions of patients who came to him seeking abortions. He claimed that for many cases he was unable to determine whether they fell within or outside the exception recognized by Article 1196 of the Texas Penal Code.
John and Mary Doe, a married couple, filed a companion complaint also naming the District Attorney as defendant. The Does alleged that they were a childless couple. Mrs. Doe was suffering from a neural-chemical disorder. Her physician had advised her to avoid pregnancy until her condition materially improved. She had discontinued use of birth control pills pursuant to medical advice. If she should become pregnant she would want to terminate the pregnancy by an abortion performed by a competent licensed physician under safe clinical conditions.
The two actions were consolidated and heard together by a duly convened three-judge district court for the Northern District of Texas. Upon the filing of affidavits, motions were made for dismissal and for summary judgment. The court held that Roe and members of her class and Dr. Hallford had standing to sue and presented justiciable controversies. The Does had failed to allege facts sufficient to state a present controversy and did not have standing. It concluded that the Texas criminal abortion statutes were void on their face. The court dismissed the Does' complaint while denying injunctive relief.
The plaintiffs Roe and Doe and the intervenor Hallford appealed to the Supreme Court from that part of the District Court's judgment denying the injunction. The defendant District Attorney cross-appealed from the grant of declaratory relief. Both sides also took protective appeals to the United States Court of Appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision by the Supreme Court.
Police Grooming Standard
Rebecca Ross, a police officer, challenges a department regulation requiring short hair for uniformity. The agency defends the rule as promoting discipline and professional appearance. A court upholds the standard because it is rationally related to the valid state objective of maintaining order and public confidence in law enforcement.
Florence Dolan, Petitioner v. City of Tigard, Respondent512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304
Petitioner Florence Dolan owns a plumbing and electric supply store located on a 1.67-acre parcel of land in the business district of the city of Tigard, Oregon. The store is on a parcel that includes a 9,700-square-foot building, and Fanno Creek flows through the southwestern corner of the lot within the 100-year floodplain.
In the early 1970's, the city developed a comprehensive plan for managing surface water drainage in the Fanno Basin serving the area where the property is located. The comprehensive plan also contained provisions for a pedestrian and bicycle pathway system throughout the city, one of which was to follow along Fanno Creek.
In 1988, petitioner applied for a permit to expand her store and pave the parking lot. The city planning commission granted the permit but required petitioner to dedicate a portion of her property for the construction of a public greenway along Fanno Creek and an additional 15-foot strip of land adjacent to the greenway for a pedestrian and bicycle pathway. The dedication required encompasses approximately 7,000 square feet, or roughly 10% of the property.
Petitioner requested a variance from the city's dedication requirements. The planning commission denied the variance, and the city council affirmed the denial. Petitioner then filed suit in Oregon state court claiming an uncompensated taking.
The Oregon trial court upheld the city's requirements. The Oregon Court of Appeals affirmed, as did the Oregon Supreme Court. The United States Supreme Court granted certiorari. The question presented was what standard of review applies to a claim that a city's exaction of a dedication of private property as a condition of a building permit constitutes an uncompensated taking of property in violation of the Fifth Amendment.
Flag Salute Requirement
Roger Ramirez, a public school student, refuses to salute the flag on religious grounds and is expelled. The state defends the compulsory salute as fostering national unity. A court invalidates the requirement because it lacks a rational relation to any valid state objective when it compels expression in violation of conscience.
West Virginia State Board of Education v. Barnette319 U.S. 624, 638 (1943)
Following the Supreme Court's 1940 decision in Minersville School District v. Gobitis, the West Virginia legislature amended its statutes to require all schools in the state to conduct courses of instruction in history, civics, and the Constitutions of the United States and West Virginia for the purpose of teaching, fostering, and perpetuating the ideals, principles, and spirit of Americanism.
The State Board of Education was directed to prescribe the courses of study covering these subjects for public schools. Private, parochial, and denominational schools were required to prescribe similar courses.
On January 9, 1942, the West Virginia State Board of Education adopted a resolution ordering that the salute to the flag become a regular part of the program of activities in the public schools, with all teachers and pupils required to participate. The resolution specified the stiff-arm salute with the right hand raised and palm turned up while repeating the pledge: "I pledge allegiance to the Flag of the United States of America and to the Republic for which it stands; one Nation, indivisible, with liberty and justice for all."
Refusal to salute was defined as an act of insubordination to be dealt with by expulsion. Readmission was denied by statute until compliance. The expelled child was treated as unlawfully absent. Parents or guardians faced prosecution with fines not exceeding $50 and jail terms not exceeding thirty days.
The appellees are citizens of the United States and West Virginia who are Jehovah's Witnesses, an unincorporated body teaching that the obligation imposed by law of God is superior to that of laws enacted by temporal government. Their religious beliefs include a literal version of Exodus, Chapter 20, verses 4 and 5, which prohibits making or bowing down to any graven image or likeness. They consider the flag an image within this command, leading them to refuse to salute it on religious grounds.
Children of the appellees who were pupils in the public schools were expelled for their refusal to salute the flag and take the pledge of allegiance. Their parents were prosecuted for causing delinquency. Officials threatened to send the children to reformatories maintained for criminally inclined juveniles.
The appellees brought suit in the United States District Court for themselves and others similarly situated to enjoin enforcement of the laws and regulations against them. The Board of Education moved to dismiss the complaint setting forth these facts. The complaint alleged that the law and regulations denied religious freedom and freedom of speech and were invalid under the due process and equal protection clauses of the Fourteenth Amendment. The cause was submitted on the pleadings to a District Court of three judges, which restrained enforcement as to the plaintiffs and those of that class. The Board of Education brought the case to the Supreme Court by direct appeal.
Gun-Free School Zone
Ruby Rivera is prosecuted under a federal statute banning firearms within one thousand feet of a school. The government defends the law as protecting education and reducing crime. A court strikes down the statute because it lacks a rational relation to any valid state objective tied to interstate commerce.
United States v. Lopez514 U.S. 549 (1995)
In March 1992, Alfonso Lopez, Jr., a twelfth-grade student at Edison High School in San Antonio, Texas, arrived at school carrying a concealed .38-caliber handgun and five bullets. Acting on an anonymous tip, school authorities confronted Lopez, who admitted possessing the weapon. Local police arrested him and charged him under Texas law with firearm possession on school premises.
The following day, state charges were dismissed after federal agents charged Lopez with violating the Gun-Free School Zones Act of 1990. A federal grand jury indicted him on one count of knowing possession of a firearm at a school zone. Lopez moved to dismiss the indictment, arguing that the statute exceeded Congress's power to legislate control over public schools.
The district court denied the motion, concluding that the statute was a constitutional exercise of Congress's power to regulate activities affecting commerce because the business of schools affects interstate commerce. After a bench trial, the court found Lopez guilty and sentenced him to six months' imprisonment and two years of supervised release.
Lopez appealed to the Court of Appeals for the Fifth Circuit, which reversed the conviction, holding that the statute was beyond Congress's power under the Commerce Clause. The Supreme Court granted certiorari to review the case.
Vehicle Advertisement Ban
Riley Rivera, a local business owner, challenges a city ordinance banning most ads on vehicles while allowing owners to advertise their own businesses. The city defends the rule as a first step toward reducing traffic distractions. A court upholds the ordinance because it bears a rational relation to the valid state objective of promoting highway safety even if underinclusive.
Garcia v. San Antonio Metropolitan Transit Authority469 U.S. 528 (1985)
The history of public transportation in San Antonio began with private operators. In 1959 the City of San Antonio purchased the privately owned San Antonio Transit Company and replaced it with the publicly owned San Antonio Transit System.
In 1978 the city transferred its facilities and equipment to appellee San Antonio Metropolitan Transit Authority, a public mass-transit authority organized on a countywide basis. SAMTA became the major provider of transportation in the San Antonio metropolitan area. Between 1978 and 1980 its vehicles traveled over 26 million route miles and carried over 63 million passengers.
San Antonio began receiving federal subsidies under the Urban Mass Transportation Act of 1964. SATS and SAMTA received over $51 million in UMTA grants from December 1970 through February 1980. This total included $12.5 million in operating grants during SAMTA's first two fiscal years.
The Fair Labor Standards Act was enacted in 1938 without applying to local mass-transit employees. Congress amended the statute in 1961 to extend minimum-wage coverage to private mass-transit carriers with annual gross revenue of at least $1 million. In 1966 Congress withdrew exemptions from public hospitals, schools, and mass-transit carriers whose rates and services were subject to state regulation. The 1974 amendments provided for the progressive repeal of the surviving overtime exemption for mass-transit employees while extending FLSA coverage to virtually all state and local government employees.
Following the 1976 decision in National League of Cities v. Usery, SATS informed its employees that the decision relieved it of overtime obligations under the FLSA. On September 17, 1979, the Wage and Hour Administration of the Department of Labor issued an opinion that SAMTA's operations were not constitutionally immune from the FLSA. On November 21, 1979, SAMTA filed suit against the Secretary of Labor in the United States District Court for the Western District of Texas seeking declaratory relief. On the same day appellant Garcia and other SAMTA employees sued SAMTA in the same court for overtime pay under the FLSA.
On November 17, 1981, the District Court granted SAMTA's motion for summary judgment. The court held that local public mass-transit systems constitute integral operations in areas of traditional governmental functions. After the Supreme Court decided Transportation Union v. Long Island R. Co. in 1982, the District Court's judgment was vacated and remanded. On remand the District Court adhered to its original view and again entered judgment for SAMTA in 1983. The Secretary and Garcia took direct appeals. The Supreme Court noted probable jurisdiction, restored the cases for reargument after initial argument, and requested briefing on whether the principles of the Tenth Amendment as set forth in National League of Cities v. Usery should be reconsidered.
5 common questions
Students Frequently Ask...
What level of scrutiny applies when a law neither burdens a fundamental right nor targets a suspect class?
Rational basis review applies. The classification is upheld if it bears a rational relation to a valid state objective such as public safety or fiscal responsibility.
Does a law fail rational basis review merely because it is underinclusive or overinclusive?
No. Laws may be underinclusive or overinclusive so long as they are rationally related to a legitimate purpose. Courts defer to legislative judgments under this standard.
How does rational basis review differ from strict scrutiny in equal protection cases?
Rational basis review requires only a rational relation to a valid state objective and permits substantial deference to the government. Strict scrutiny demands a narrowly tailored law that serves a compelling interest.
Can a facially neutral policy survive rational basis review when it produces a disproportionate racial impact?
Yes, provided the policy is rationally related to a legitimate governmental interest and was not adopted with discriminatory purpose. Statistical disparity alone does not establish a constitutional violation.
Is age a suspect classification that triggers heightened scrutiny?
No. Age classifications receive rational basis review and are upheld when rationally related to a legitimate objective such as ensuring physical capability for demanding jobs.
." Cleburne v. Cleburne Living Center, supra , at 440; see also Department of Agriculture v. Moreno , 413 U. S. 528, 534 (1973); Romer v. Evans , 517 U. S. 620, 632-633 (1996);…
state
regulation, and does the…
rationally related to a legitimate state interest
. Williamson v. Lee Optical of Oklahoma, Inc. , 348 U. S. 483, 491 (1955); cf. Stanley v. Illinois , 405 U. S. 645, 651-653 (1972)." Post , at 966. The Chief Justice then further…
scrutiny
under the Equal Protection Clause of the Fourteenth Amendment. We think a term such as "rough proportionality" best encapsulates what we hold…
Constitutional LawIndividual rights · Equal protectionUBEIntermediate