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[6] [7] The Supreme Court has never set forth standards for determining what constitutes a legitimate government interest. [8] Under rational basis review, it is "entirely irrelevant" what end the government is actually seeking and statutes can be based on "rational speculation unsupported by evidence or empirical data". [ 9 ]
Another example is the D.C. Circuit Court's 2007 ruling in Abigail Alliance v. von Eschenbach that compelling government interest was demonstrated in the restriction of unapproved prescription drugs. [1] The burden of proof falls on the state in cases that require strict scrutiny or intermediate scrutiny, but not the rational basis.
A night-watchman state, also referred to as a minimal state or minarchy, whose proponents are known as minarchists, is a model of a state that is limited and minimal, whose functions depend on libertarian theory.
Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), was a landmark decision of the United States Supreme Court that set forth the legal test used when U.S. federal courts must defer to a government agency's interpretation of a law or statute. [1]
From 1942 to 1946, nuclear research was controlled by the military, which conducted research in secrecy. In 1946, the Atomic Energy Act handed over control to civilians, although the government retained a tight monopoly over nuclear energy. The 1954 amendment to this act enabled private industry to pursue non-military applications of nuclear ...
Proponents of noocratic theory cite evidence that suggests voters in modern democracies are largely ignorant, misinformed and irrational. [4] Therefore, one person one vote mechanism proposed by democracy cannot be used to produce efficient policy outcomes, for which the transfer of power to a smaller, informed and rational group would be more appropriate.
The justification of the state refers to the source of legitimate authority for the state or government. Typically, such a justification explains why the state should exist, and to some degree scopes the role of government – what a legitimate state should or should not be able to do. There is no single, universally accepted justification of ...
The parallel state differs from the more commonly used "state within a state" in that they are usually endorsed by the prevailing political elite of a country, while the "state within a state" is a pejorative term to describe state-like institutions that operate without the consent of and even to the detriment to the authority of an established ...