Holmes' proposed doctrine of judicial deference to state interest was not immediately adopted. It was not until Nebbia v. New York that the Court began to formally apply rational basis review, when it stated that "a State is free to adopt whatever economic policy may reasonably be deemed to promote public welfare, and to enforce that policy by legislation adapted to its purpose". In United States v. Carolene Products Co. the Court in Footnote Four left open the possibility that laws that seem to be within "a specific prohibition of the Constitution", which restrict the political process, or which burden "discrete and insular minorities" might receive more exacting review. Today, such laws receive strict scrutiny, whereas laws implicating unenumerated rights that the Supreme Court has not recognized as fundamental receive rational basis review. Under the rational review basis, laws are presumed to be constitutional in deference to legislators. Applicability In modern constitutional law, the rational basis test is applied to constitutional challenges of both federal law and state law (via the Fourteenth Amendment). This test also applies to both legislative and executive action, whether those actions be of a substantive or procedural nature. The rational basis test prohibits the government from imposing restrictions on liberty that are irrational or arbitrary, or drawing distinctions between persons in a manner that serves no constitutionally legitimate end. While a law "enacted for broad and ambitious purposes often can be explained by reference to legitimate public policies which justify the incidental disadvantages they impose on certain persons", it must nevertheless, at least, bear "a rational relationship to a legitimate governmental purpose". To understand the concept of rational basis review, it is easier to understand what it is not. Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a grossly illogical non sequitur. In 2008, Justice John Paul Stevens reaffirmed the lenient nature of rational basis review in a concurring opinion: "[A]s I recall my esteemed former colleague, Thurgood Marshall, remarking on numerous occasions: 'The Constitution does not prohibit legislatures from enacting stupid laws. See also Due process Equal Protection Clause John Marshall Marbury v. Madison Plyler v. Doe Romer