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Thread: Background on the federal Three Level System of scrutiny

  1. #1
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    Background on the federal Three Level System of scrutiny

    Here's a case heard before the La S.C. that gives some background on the federal 3 level system of scrutiny.

    http://scholar.google.com/scholar_ca...en&as_sdt=4,19

    See Section 4 A.

    The Federal Three-Level System Is An Inappropriate Model for Equal Protection Analysis Under the Louisiana Constitution

    Read at least 6 paragraphs. Notice the courts decision NOT to use this system. Notice the new proposed amendment by SB303 does not specify the definition of "strict scrutiny" as that defined by the federal court system. Notice the reason for the 3 level system was spawned by the overbearing Rosevelt administration.


    As you can see, there's a lot to be studied and understood. I post this for those readers that may decide to get a bit educated about the new proposed amendment regarding Art. 1 Sec. 11.
    Last edited by georg jetson; 05-31-2012 at 12:24 PM.

  2. #2
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    More La. Supreme Court Opinion of the Fed 3 level system

    State v. EXPUNGED RECORD NO. 249,044, 881 So. 2d 104 - La: Supreme Court 2004

    http://scholar.google.com/scholar_ca...en&as_sdt=4,19

    Specifically...

    "In Sibley v. Bd. Of Sup'rs of Louisiana State U., 477 So.2d 1094, (La.1985) this court joined a growing number of state 110*110 courts [4] and criticized the three-tier level of equal protection analysis employed by the federal courts. In a thorough analysis and critique of the three-tier federal system, this court concluded that "(t)he federal three level system is in disarray and has failed to provide a theoretically sound framework for constitutional adjudication." Id. at 1107. Instead, Louisiana instituted a workable alternative whereby "(t)he constitutionality of governmental action would not depend upon the level of scrutiny applied in a particular case," but "would naturally focus upon governmental and individual interests, resulting in a more precise and reliable evaluation of constitutional questions." Id."


    Ladies and gentlemen, I submit the La. Supreme Court will use the new amendment from SB303 to create it's own definition of "strict scrutiny".
    Last edited by georg jetson; 05-31-2012 at 03:13 PM.

  3. #3
    Regular Member sraacke's Avatar
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    Georg,
    Please post those two posts to the thread at Bayou Shooter too so others can have this info.
    President/ Founding Member
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  4. #4
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    Quote Originally Posted by sraacke View Post
    Georg,
    Please post those two posts to the thread at Bayou Shooter too so others can have this info.
    Done.

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