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CAPSULE SUMMARY

Chapter 1

INTRODUCTION

I. THREE STANDARDS OF REVIEW

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:

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