Due Process Tests (Standards of Review)

1.  MINIMUM SCRUTINY TEST (used when a law infringes on a non-fundamental right) (also called rational basis test and minimum rationality review)

Are the means rationally related to a legitimate governmental interest?

(The challenger must prove that the means are not rationally related to a legitimate government objective.)


2. STRICT SCRUTINY TEST (used when a law infringes on a fundamental right)

Are the means necessary (narrowly tailored) to the accomplishment of a compelling governmental interest?

(The government must prove that it is seeking to accomplish a compelling governmental objective and the means it is employing are necessary to the accomplishment of that objective. This means that the government could not accomplish its objective by any equally effective alternative method that infringes less on the fundamental right).