Strict Scrutiny

Definition

Strict scrutiny is the highest standard of judicial review used by courts to evaluate the constitutionality of laws or government actions that infringe upon fundamental rights or involve suspect classifications. When a law is subjected to strict scrutiny, the government must demonstrate that the law serves a compelling governmental interest and is narrowly tailored to achieve that interest using the least restrictive means possible. This standard is often applied in cases involving discrimination and fundamental rights.

5 Must Know Facts For Your Next Test

1. Strict scrutiny was established in the landmark case of 'Korematsu v. United States', where the Supreme Court ruled on the internment of Japanese Americans during World War II.
2. This level of scrutiny is typically applied in cases involving racial discrimination, as well as laws impacting fundamental rights such as free speech or voting.
3. To pass strict scrutiny, a law must not only serve a compelling interest but also be the least restrictive means available to achieve that goal.
4. Courts often find it difficult for laws subjected to strict scrutiny to survive this rigorous analysis, leading to many being struck down as unconstitutional.
5. The application of strict scrutiny can significantly influence issues related to civil rights, affirmative action policies, and the protections afforded under the First Amendment.

Review Questions

• How does strict scrutiny differ from other standards of judicial review when evaluating laws related to civil rights?
  • Strict scrutiny is more stringent than other standards like intermediate or rational basis review. While intermediate scrutiny requires a substantial relationship between the law and an important government interest, and rational basis only needs a legitimate purpose, strict scrutiny demands that a law serves a compelling government interest and is narrowly tailored to achieve that interest. This makes it much harder for laws impacting fundamental rights or involving suspect classifications to be upheld in court.
• Discuss how strict scrutiny applies specifically to affirmative action policies and the implications of this standard in legal cases.
  • Affirmative action policies often face strict scrutiny because they involve racial classifications, which are considered suspect under constitutional law. Courts require that any affirmative action program must demonstrate a compelling government interest, typically related to remedying past discrimination or promoting diversity. Additionally, such programs must be narrowly tailored, meaning they should not use race as a blanket factor but rather in a manner that is specific and necessary to achieve diversity without causing undue harm to other groups.
• Evaluate the role of strict scrutiny in shaping First Amendment rights, particularly regarding freedom of speech and expression.
  • Strict scrutiny plays a critical role in protecting First Amendment rights by ensuring that any governmental restrictions on speech or expression must meet high standards. When laws attempt to limit these rights, they undergo strict scrutiny analysis where the government must prove not only a compelling interest but also that the law is the least restrictive option available. This has led to significant court rulings that protect controversial forms of speech and ensure that restrictions are justified, thereby preserving robust public discourse.

Related terms

Compelling Government Interest: A legal justification required for laws that infringe on constitutional rights, indicating that the government must have a significant reason to enact such laws.

Narrowly Tailored: A requirement for laws subject to strict scrutiny, meaning the law must specifically address the compelling interest without unnecessarily restricting other rights.

Fundamental Rights:

Basic rights and freedoms that are considered essential for the order and liberty of individuals, which receive heightened protection from government interference.