Question

Assume a federal district court hears a case involving the commerce clause. The federal court would most likely apply

Rational basis scrutiny

Strict scrutiny

Intermediate scrutiny

Discretionary review

Answer 1

The answer is option a- Rational  basis scrutiny

The evolving level of scrutiny applied to Commerce Clause cases by Federal Courts should be considered in the context of rational basis review. The premise behind fair baseline analysis is that the judiciary has to display deference to the people's elected representatives. A reverence for the democratic process allows the courts to uphold laws if there are sound evidence and arguments that could justify Legislative decision, even if different conclusions were drawn by the judges. Throughout the 20th century, courts sought to avoid second guessing of the legislative branch in a variety of contexts, and the jurisprudence of Commerce Clause can be seen as part of that pattern.