Learning Outcomes
After reading this article, you will be able to identify when rational basis review applies to individual rights questions on the MBE, state the correct test, distinguish it from strict and intermediate scrutiny, and apply it to typical exam scenarios involving economic and social regulation. You will also recognize common exam traps and confidently answer questions about the burden of proof and the likelihood of a law surviving this standard.
MBE Syllabus
For MBE, you are required to understand the constitutional standards of review applied to individual rights claims. This article focuses on rational basis review, which is the default test for most government classifications and regulations not involving suspect or quasi-suspect classes or fundamental rights. You should be able to:
- Recognize when rational basis review is the correct standard.
- State the rational basis test and burden of proof.
- Identify the types of laws and classifications subject to rational basis review.
- Apply the test to economic, social, and other non-suspect classifications.
- Distinguish rational basis review from strict and intermediate scrutiny.
- Avoid common exam errors regarding rational basis review.
Test Your Knowledge
Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.
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Which of the following is the correct statement of the rational basis test?
- The government must show the law is necessary to achieve a compelling interest.
- The challenger must show the law is not rationally related to a legitimate government interest.
- The government must show the law is substantially related to an important interest.
- The challenger must show the law is not narrowly tailored to a significant interest.
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A city passes an ordinance requiring all food trucks to close by 7 p.m. to reduce noise. A food truck owner challenges the law under the Due Process Clause. What is the likely result?
- The law will be struck down unless the city proves a compelling interest.
- The law will be upheld if it is rationally related to a legitimate interest.
- The law will be struck down unless the city proves an important interest.
- The law will be upheld only if it is the least restrictive means.
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Which of the following classifications is most likely to be reviewed under rational basis?
- Law distinguishing based on race.
- Law distinguishing based on gender.
- Law distinguishing based on age.
- Law restricting the right to vote.
Introduction
Rational basis review is the default constitutional standard for evaluating most government actions that do not involve suspect or quasi-suspect classifications or fundamental rights. On the MBE, you will encounter rational basis review in questions about economic regulation, social welfare laws, and classifications based on age, wealth, disability, or other non-suspect categories. Understanding when and how to apply this test is essential for answering individual rights questions correctly.
Key Term: Rational Basis Review
The constitutional standard requiring a law to be rationally related to a legitimate government interest. The burden is on the challenger to prove the law is arbitrary or irrational.
When Does Rational Basis Review Apply?
Rational basis review is used when a law or government action:
- Does not classify based on race, national origin, or alienage (suspect classes).
- Does not classify based on gender or legitimacy (quasi-suspect classes).
- Does not substantially burden a fundamental right (e.g., voting, marriage, travel, privacy).
Most economic regulations, social welfare laws, and classifications based on age, wealth, disability, or occupation are subject to rational basis review.
Key Term: Suspect Classification
A government classification based on race, national origin, or alienage, triggering strict scrutiny.Key Term: Fundamental Right
A right recognized by the Supreme Court as essential, such as voting, marriage, travel, or privacy, triggering strict scrutiny if burdened.
The Rational Basis Test
The rational basis test asks:
- Is the law rationally related to a legitimate government interest?
This is a very deferential standard. The government does not need to use the best means or even actually pursue the stated interest. Any conceivable legitimate interest will suffice, even if not the actual motive.
Key Term: Legitimate Government Interest
Any government objective that is not forbidden by the Constitution, such as public health, safety, or general welfare.
Burden of Proof
Under rational basis review, the burden is on the challenger (the person attacking the law) to prove that the law is not rationally related to any legitimate government interest. The government does not need to justify its action or provide evidence. If any rational basis can be imagined, the law will be upheld.
Types of Laws Reviewed Under Rational Basis
- Economic regulations (e.g., business licensing, minimum wage).
- Social welfare laws (e.g., eligibility for benefits).
- Classifications based on age, wealth, disability, or occupation.
- Most zoning and land use regulations.
- Laws affecting non-fundamental rights.
Laws That Almost Always Survive Rational Basis
Because the standard is so easy to satisfy, nearly all laws reviewed under rational basis are upheld. The Supreme Court has struck down laws under rational basis only in rare cases where the law was based on mere prejudice or animus, not a legitimate interest (e.g., laws targeting a politically unpopular group without reason).
Worked Example 1.1
A city passes a law requiring all street vendors to obtain a license and pay a $100 annual fee. A vendor claims the law violates equal protection because it makes it harder for low-income individuals to operate a business.
Answer: The law will be reviewed under rational basis, since it does not involve a suspect class or fundamental right. The city only needs a conceivable legitimate interest, such as regulating business activity or raising revenue. The law is rationally related to these interests and will be upheld.
Worked Example 1.2
A state law denies public employment to anyone over age 65. An applicant claims age discrimination under equal protection.
Answer: Age is not a suspect or quasi-suspect class. The law is subject to rational basis review. The state can assert a legitimate interest in workforce efficiency or turnover. Unless the law is wholly arbitrary, it will be upheld.
Exam Warning
On the MBE, do not apply strict or intermediate scrutiny to laws involving economic regulation, age, wealth, or disability. These are reviewed under rational basis unless a fundamental right or suspect class is involved.
Revision Tip
If you see a law that does not involve race, national origin, gender, legitimacy, or a fundamental right, rational basis review almost certainly applies.
Summary
Rational basis review is the default standard for most government actions. The law will be upheld if any rational connection to a legitimate interest exists. The challenger bears the burden and almost always loses unless the law is arbitrary or based on prejudice.
Key Point Checklist
This article has covered the following key knowledge points:
- Rational basis review is the default standard for most government actions.
- Applies to economic regulation, social welfare, age, wealth, disability, and other non-suspect classifications.
- The test: Is the law rationally related to a legitimate government interest?
- The challenger has the burden to show the law is arbitrary or irrational.
- Laws almost always survive rational basis review unless based on mere prejudice.
- Do not confuse rational basis with strict or intermediate scrutiny.
Key Terms and Concepts
- Rational Basis Review
- Suspect Classification
- Fundamental Right
- Legitimate Government Interest
