POL 110 Lecture Notes - Lecture 7: Rational Basis Review, Lemon V. Kurtzman, Hobby Lobby
Document Summary
Principal drafter of the constitution: james madison: argued we didn"t need a bill of rights, federalist party believed constitution was meant to determine government system, not to speak on individual rights of the people. Va, ma, and ny all refused to agree to constitution unless there was a bill of rights. Remember, there is a significant difference between civil liberties and civil rights! Civil liberties: limitations on government power intended to protect freedoms. Civil rights: guarantees that government will treat people equally and decisions will be made on the basis of merit rather than personal characteristics (e. g. race, gender: voting rights for women and african americans, americans with disabilities act, chinese. Discrimination is useful in some areas: ex. Drivers licenses should not be granted to the blind: rational basis test: there must be a good reason for a discriminatory practice. The courts determine which discriminatory practices pass the rational basis test.
