Strict Scrutiny

Definition

Strict scrutiny is the highest standard of judicial review used by courts to evaluate the constitutionality of governmental actions that affect fundamental rights or involve suspect classifications, such as race or national origin. Under this standard, the government must prove that the challenged action serves a compelling governmental interest and is narrowly tailored to achieve that interest, making it a critical tool in protecting individual rights and ensuring equality under the law.

5 Must Know Facts For Your Next Test

1. Strict scrutiny was established in the landmark case 'Korematsu v. United States', which upheld the internment of Japanese Americans during World War II but laid the groundwork for heightened judicial review of discrimination cases.
2. For a law to pass strict scrutiny, it must meet two key criteria: it must serve a compelling governmental interest and be the least restrictive means to achieve that interest.
3. Strict scrutiny applies not only to laws that discriminate based on race but also to those affecting fundamental rights, such as voting and free speech.
4. This standard is rarely met by governments; many laws that are subjected to strict scrutiny are often struck down as unconstitutional.
5. The application of strict scrutiny plays a crucial role in cases involving equal protection under the law, reinforcing the protection of marginalized groups from discriminatory practices.

Review Questions

• How does strict scrutiny differ from other levels of judicial review when evaluating governmental actions?
  • Strict scrutiny stands apart from other levels of judicial review because it requires the government to demonstrate that its action serves a compelling interest and is narrowly tailored to achieve that interest. This is more demanding than intermediate scrutiny, which requires an important governmental interest, or rational basis review, which only needs a legitimate interest. Consequently, strict scrutiny is more likely to result in laws being struck down when they infringe on fundamental rights or discriminate against suspect classifications.
• Discuss the implications of strict scrutiny for laws that classify individuals based on race or national origin.
  • When laws classify individuals based on race or national origin, they are subjected to strict scrutiny due to historical patterns of discrimination against these groups. This means that the government must provide compelling evidence that the law addresses a significant issue and is designed with precision to achieve its objectives without unnecessarily impacting these groups. The application of strict scrutiny has led to the invalidation of many discriminatory laws, thus reinforcing protections for marginalized populations under the equal protection clause.
• Evaluate how strict scrutiny impacts the balance between governmental interests and individual rights in contemporary legal cases.
  • Strict scrutiny plays a pivotal role in shaping the balance between governmental interests and individual rights by imposing rigorous standards on any government action that threatens fundamental rights or targets suspect classifications. In contemporary legal cases, this standard often leads to courts prioritizing individual rights over broad governmental claims of interest, especially in matters related to civil liberties and anti-discrimination. This has significant implications for ongoing debates over issues like voter ID laws and immigration policies, as courts scrutinize the justifications provided by governments and assess whether they truly meet the stringent requirements set forth by strict scrutiny.

Related terms

Fundamental Rights:

Basic rights that are considered essential to the order and liberty of a democratic society, often protected by strict scrutiny when infringed upon.

Suspect Classifications: Categories of individuals who have historically been discriminated against, such as racial and ethnic minorities, triggering strict scrutiny in legal evaluations.

Intermediate Scrutiny: A lesser standard of judicial review than strict scrutiny, used for laws that involve important but not fundamental rights, requiring a significant government interest.