- 1) Identify the individual interest/right involved (Describe it in fairly specific terms)
- 2) Determine whether the interest is a fundamental right/non-fundamental right
Question to ASK: Whether the right is fundamental to OUR scheme of ordered liberty and rooted in our Nation's history and tradition?
Determining if rights are fundamental look to intentions (original, broad)
IF Fundamental (textual right / Derivative/unenumerated right)-> APPLY STRICT SCRUTINY
IF NON-Fundamental right --> APPLY RATIONAL BASIS TEST
- 3) What is the justification for the law?
- 4) Are the means narrowly tailored to achieve the ends? / Are the means sufficiently related to the ends?