History
Rational basis review originated with the means-ends test used by the U.S. Supreme Court in McCulloch v. Maryland in 1819. However, the actual introduction of modern rational basis review came in 1938 in United States v. Carolene Products Co., in which rational basis review became separate and distinct from strict scrutiny.
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“Classes struggle, some classes triumph, others are eliminated. Such is history; such is the history of civilization for thousands of years.”
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“The history of the world is none other than the progress of the consciousness of freedom.”
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“In history an additional result is commonly produced by human actions beyond that which they aim at and obtainthat which they immediately recognize and desire. They gratify their own interest; but something further is thereby accomplished, latent in the actions in question, though not present to their consciousness, and not included in their design.”
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