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Background on the federal Three Level System of scrutiny

georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
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_case?case=13496675118815612179&q=strict+scrutiny&hl=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.
 
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georg jetson

Regular Member
Joined
Sep 14, 2009
Messages
2,416
Location
Slidell, Louisiana
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_c...9606&q=three-level+scrutiny&hl=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".
 
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