A. Three standards: There are three key standards of review which reappear constantly throughout Constitutional Law. When a court reviews the constitutionality of government action, it is likely to be choosing from among one of these three standards of review: (1) the mere-rationality standard; (2) the strict scrutiny standard; and (3) the middle-level review standard.
1. Mere-rationality: Of the three standards, the easiest one to satisfy is the “mere-rationality” standard. When the court applies this “mere-rationality” standard, the court will uphold the governmental action so long as two requirements are met: