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Power & Rights in US Constitutional Law$
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Thomas Lundmark

Print publication date: 2008

Print ISBN-13: 9780195368727

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195368727.001.0001

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Constitutional Rights

Constitutional Rights

Chapter:
(p.109) Part Two Constitutional Rights
Source:
Power & Rights in US Constitutional Law
Author(s):

Thomas Lundmark

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195368727.003.0005

Most of the constitutional rights protect only against so-called “state action”. However, case law has construed the requirement quite broadly, as discussed in this part. The levels of scrutiny refer to the burden placed by the courts on the government to justify intrusions into liberty and equality. The three levels—minimum, intermediate, and strict—are described and illustrated.

Keywords:   state action, levels of scrutiny, minimum scrutiny, intermediate scrutiny, strict scrutiny

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