Scrutiny

The fourteenth amendment of the constitution states that: “no state shall make or enforce any law which shall…deny to any person within its jurisdiction the equal protection of laws.” This is commonly referred to as the Equal Protection Clause (EPC) of the constitution. There have been times where laws have been passed that have violated the fourteenth amendment; in these instances it is up to the court to decide whether the laws were necessary, important, or just a reasonable action. When the court looks at these matters concerning the EPC it is called scrutiny.

There are three types of scrutiny: Strict, Immediate, and rational basis. The type is determined by the type of discrimination and to what degree the issue is analyzed. Strict scrutiny is the most rigorous and leaves no room for error. Strict scrutiny applies in instances that involve race or national origin, or if fundamental rights are being denied. The governmental action in cases of strict scrutiny will survive the court only if the action is absolutely necessary and there is no other way to accomplish the objectives. Immediate scrutiny is not as rigorous as strict scrutiny and applies in cases which involve discrimination based on gender, illegitimacy and alienage. To survive immediate scrutiny the government’s need must be important and the actions taken have to be substantially related to the goal. The final type of scrutiny is called rational basis. This is applied in instances that are not covered by strict or immediate scrutiny. The standard is much lower than other scrutiny types and the government only has to show that the basis for their actions is rationally related to a legitimate governmental interest.

Link:

http://sports.espn.go.com/mlb/news/story?id=6266163

Barry Bonds ex-mistress testifies that he used steroids. This is interesting in the way that a car wreck is interesting. I think Barry Bonds and Mark McGuire tainted the game of baseball with their steroid use so on some level it is fun to see him taken down a notch, although I don’t wish prison time on anybody, even Barry Bonds.