Rational Basis Judiciary

"The truth is what I say it is."
--Senator Charles F. Meachum (Shooter)

In this interesting discussion about the judicial branch's lack of adherence to the Constitution when making rulings, the concept of the 'rational basis test' is brought up. The rational basis test considers whether a government action can be reasonably related to a legitimate interest of government. What is 'reasonable' and 'legitimate,' of course, is up to the Court to decide.

The rational basis test became vogue as the Supreme Court was reassembled in the late 1930s to do FDR's bidding.

As observed by the interviewee, the rational basis test encourages judges to "collaborate with the government in coming up with hypothetical justifications for a law in order to bend over backwards and uphold whatever the government is doing."

Sophistry in place of substance.

Discretionary rule in place of rule of law.