Other

What is a suspect classification How does strict scrutiny apply to this classification?

What is a suspect classification How does strict scrutiny apply to this classification?

STRICT SCRUTINY of a suspect classification reverses the ordinary presumption of constitutionality, with the government carrying the burden of proving that its challenged policy is constitutional. To withstand strict scrutiny, the government must show that its policy is necessary to achieve a compelling state interest.

What are the suspect classifications that are most often given scrutiny?

Racial and ethnic classifications are the two suspect classifications most often given strict scrutiny.

What is a suspect classification and how is it defined?

Definition. Suspect classification refers to a class of individuals that have been historically subject to discrimination.

What is strict scrutiny in law?

Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

What is an example of strict scrutiny?

During the civil rights era and through today, the Supreme Court has applied Strict Scrutiny to government actions that classify people based on race. For example, in Loving v. Virginia (1967), the Supreme Court applied Strict Scrutiny to strike down Virginia’s law banning interracial marriage.

What is the strict scrutiny test?

What is strict scrutiny?

Overview. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. To pass strict scrutiny, the legislature must have passed the law to further a “compelling governmental interest,” and must have narrowly tailored the law to achieve that interest.

How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny quizlet?

How does the strict scrutiny applied by the Supreme Court differ from intermediate scrutiny? Strict scrutiny makes it more difficult for the government to demonstrate that there is a proper basis for a law.

What are examples of strict scrutiny?

What cases use strict scrutiny?

Courts typically apply the strict scrutiny test when there is substantial interference with a fundamental right. The test is often applied in cases involving discrimination based on race or gender and may also apply in cases where people have been deprived of core rights such as the right to vote.

What is the difference between strict scrutiny and intermediate scrutiny?

As the name implies, intermediate scrutiny is less rigorous than strict scrutiny, but more rigorous than the rational basis test. Intermediate scrutiny is used in equal protection challenges to gender classifications, as well as in some First Amendment cases.

Which classifications are subject to the strict scrutiny standard?

The Court consistently recognizes classifications based on race, national origin, and alien status to require the strict scrutiny standard of review. Other classifications may be considered suspect upon review of the specific circumstances.

How is strict scrutiny used in equal protection cases?

Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.

What are the 4 types of suspect classifications?

Overview. Under Equal Protection, when a statute discriminates against an individual based on a suspect classification, that statute will be subject to either strict scrutiny or intermediate scrutiny. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage.

What is strstrict scrutiny?

STRICT SCRUTINY (The government must show that the challenged classification serves a compelling state interest and that the classification is necessary to serve that interest.): 1. Race