What is the Minimum Rationality standard for Constitutional Review?

This standard, also known as the Rational Basis Standard of Review, requires that a law have a rational connection to a permissible state end (a legitimate goal of the government) to be Constitutional.

This standard is applied when determining the Constitutionality of laws that do not affect an individual's fundamental rights.  

What does the Minimum Rationality standard require?

 The classification must have a reasonable basis (not wholly arbitrary), and the courts will assume any statement of facts that can be used to justify the classification. 

This standard applies to laws that affect a non-fundamental right or one that is not expressly protected under the Constitution, such as social welfare and economic matters. 

As such, it is the default standard by which the court reviews a law to determine constitutionality. 

The standard is higher if the law affects a fundamental right, such as due process or equal protection rights. 

The Supreme Court developed the Rational Basis standard of review in the 1934 case, Nebbia v. New York. 

In that case, SCOTUS held that the government has the right to create general restrictions on private conduct for the purpose of regulating the economy, so long as the government action is not "arbitrary, discriminatory, or demonstrably irrelevant" to the action regulated. 

This case did not involve a fundamental right, so this lower standard became applicable to all similar cases.

• Example: The state passes a law concerning the speed limit on state highways. This law is not related to a fundamental right; rather, it is related to the privilege of driving. As such, this law would need to have a rational connection to a legitimate state goal. The goal of reducing traffic accidents or promoting motorist safety is sufficient to find the statute constitutional.

Related Concepts

• What is Included in the US Constitution?
• What is the Commerce Clause?
• What is the Taxing and Spending Power?
• Standards for Constitutionality of Laws
• Strict Scrutiny
• Intermediate Scrutiny (Quasi-Strict Scrutiny)
• What are Judicial Restraint vs Judicial Activism