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Power & Rights in US Constitutional Law$
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Thomas Lundmark

Print publication date: 2008

Print ISBN-13: 9780195368727

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780195368727.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 29 November 2021

Constitutional Rights

Constitutional Rights

(p.109) Part Two Constitutional Rights
Power & Rights in US Constitutional Law

Thomas Lundmark

Oxford University Press

Most of the constitutional rights protect only against so-called “state action”. However, case law has construed the requirement quite broadly, as discussed in this part. The levels of scrutiny refer to the burden placed by the courts on the government to justify intrusions into liberty and equality. The three levels—minimum, intermediate, and strict—are described and illustrated.

Keywords:   state action, levels of scrutiny, minimum scrutiny, intermediate scrutiny, strict scrutiny

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